MORRIS-EDGE MASONRY, INC., APPELLANT,
v.
TONN & BLANK, INC., SANTA LUCEA DEVELOPMENT CORPORATION, AMERICAN DRUGGISTS INSURANCE COMPANY, SUNSHINE KITCHENS, INC., STUART PAINT & SUPPLY, ACE ROOFING & TILE, INC., GULFSTREAM TILE, ERB BUILDING SYSTEMS, PYRAMID MECHANICAL CONTRACTORS, INC., GRAYBAR ELECTRIC COMPANY, INC., AND BUILDERS HOME & SUPPLY, APPELLEES
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GLICKSTEIN, Judge.
This is an appeal from a sua sponte order of consolidation that had the effect of transferring appellant’s action to another county, thus depriving it of its chosen venue. Accordingly, we have jurisdiction to consider the appeal at this time. See Wagner v. Nova University, Inc., 397 So. 2d 375, 377 (Fla. 4th DCA 1981).
We reverse the order because appellant’s counsel never had notice of the trial court’s intention to consider consolidation sua sponte. Appellant was deprived of due process of law. See Devoe & Raynolds (sic) Co., Inc. v. KDS Paint Co., 382 So. 2d 126 (Fla. 4th DCA 1980). On remand a change of venue may or may not be proper. That issue, however, has never been heard by the trial court after due notice has been furnished to counsel who would oppose such change.
DOWNEY and HURLEY, JJ., concur.
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McDANIEL Reserve Realty Holdings, LLC v. B.S.E. Consultants, Inc., 39 So. 3d 504 (Fla. 4th DCA 2010)
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Gov't Emps. Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996)…on the trial court’s failure to provide the parties with appropriate notice and an opportunity to be heard. See Hewitt Contracting Co. v. Joyner Elec., Inc., 616 So. 2d 190 (Fla. 5th DCA 1993); Morris-Edge Masonry, Inc. v. Tonn [*839] & Blank, Inc., 461 So. 2d 1036 (Fla. 4th DCA 1985). Reversed and remanded for a hearing predicated upon all due process requirements to determine whether or not the doctrine of forum non conveniens applies according to Florida jurisprudence.…1 / 4
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Smith v. McDONOUGH, 955 So. 2d 644 (Fla. 4th DCA 2007)…Harris, 884 So. 2d 1030, 1031 (Fla. 4th DCA 2004); Government Employees Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996); Hewitt Contracting v. Joyner, 616 So. 2d 190, 190-91 (Fla. 5th DCA 1993); Morris-Edge Masonry, Inc. v. Tonn & Blank, Inc., 461 So. 2d 1036, 1037 (Fla. 4th DCA 1985). Accordingly, we reverse and remand this cause to the trial court to hold a hearing to determine whether, as Smith argues, his petitions sufficiently allege constitutional violations which qualify for the “sword-wielder”…
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- Wagner v. Nova Univ., Inc., 397 So. 2d 375 (Fla. 4th DCA 1981)
- Devoe & Raynolds Co., Inc. v. KDS Paint Co., Inc., 382 So. 2d 126 (Fla. 4th DCA 1980)