RAYMOND, JAMES & ASSOCIATES, INC., WILLIAM D. THATCHER, JIMMY R. PATE, AND ROBERT HOOK, APPELLANTS,
v.
JACK D. WIENEKE AND PAUL M. WIENEKE, APPELLEES
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[*755] PER CURIAM.
This case was before us previously on appellees’ motion to dismiss the appeal for lack of jurisdiction. We held then that the trial court’s transfer of venue to a circuit court in another appellate district did not divest this court of jurisdiction to review the court’s order denying a motion to compel arbitration. Raymond, James & Associates, Inc. v. Wieneke, 479 So. 2d 752 (Fla. 3d DCA 1985). We left open the question whether the trial court, having transferred venue, could have ruled on the motion to compel arbitration.
The law is well-settled in this district that a trial court may not transfer a case to another jurisdiction and simultaneously rule upon a motion to dismiss or any aspect of the merits of the cause. See Florida Elections Commission v. Smith, 354 So. 2d 965 (Fla. 3d DCA 1978); Ven-Fuel v. Jacksonville Electric Authority, 332 So. 2d 81 (Fla. 3d DCA 1975); Spalding v. Von Zamft, 180 So. 2d 208 (Fla. 3d DCA 1965); Reed Construction Corp. v. State Road Department, 165 So. 2d 816 (Fla. 3d DCA 1964). The motion to compel arbitration must be ruled upon by the transferee court.
Order denying motion to compel arbitration is vacated for lack of jurisdiction.
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Vasilinda v. Lozano, 631 So. 2d 1082 (Fla. 1994)…t opinion in the same case, the Third District Court of Appeal ruled that because the Dade County circuit judge had transferred jurisdiction she should not have ruled on the motion to compel arbitration. Raymond, James & Associates, Inc. v. Wieneke, 479 So. 2d 754, 755 (Fla. 3d DCA 1985). The case of Davis v. Florida Power Corp., 486 So. 2d 34 (Fla. 2d DCA 1986), is also pertinent. There, the plaintiff appealed the order of a Pinellas County circuit judge transferring venue to Citrus County. The defendant mo…
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Raymond v. Wieneke, 591 So. 2d 956 (Fla. 2d DCA 1991)…emanded. SCHEB, A.C.J., and FRANK, J., concur. . Raymond, James & Assocs., Inc. v. Wieneke, 556 So. 2d 800 (Fla. 2d DCA 1990); Wieneke v. Raymond, James & Assocs., Inc., 495 So. 2d 869 (Fla. 2d DCA 1986); Raymond, James & Assocs., Inc. v. Wieneke, 479 So. 2d 754 (Fla. 3d DCA 1985); Raymond, James & Assocs., Inc. v. Wieneke, 479 So. 2d 752 (Fla. 3d DCA 1985). . Although our opinion renders moot the other problems with the attorneys' fee judgment, we note that the trial court used a "multiplier" in awarding…
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Davis v. Fla. Power Corp., 486 So. 2d 34 (Fla. 2d DCA 1986)…However, this does not mean that the propriety of the order transferring venue cannot be reached by interlocutory appeal to the court that has appellate jurisdiction over the court which entered the order. See Raymond James & Associates v. Wieneke, 479 So. 2d 754 (Fla. 3d DCA 1985). Florida Rule of Appellate Procedure 9.130(a)(6) provides that review of nonfinal orders authorized by that rule should be brought in the court which would have jurisdiction to review the final order in the cause. The committee…
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- Spalding v. VON Zamft, 180 So. 2d 208 (Fla. 3d DCA 1965)
- Reed Constr. Corp. v. State Rd. Dep't, 165 So. 2d 816 (Fla. 3d DCA 1964)
- Ven-Fuel v. Jacksonville Elec. Auth., 332 So. 2d 81 (Fla. 3d DCA 1975)
- Barnett Bank OF Winter Park v. Alford, 332 So. 2d 81 (Fla. 1st DCA 1976)
- Raymond v. Wieneke, 479 So. 2d 752 (Fla. 3d DCA 1985)
- The Fla. Elections Comm'n v. Smith, 354 So. 2d 965 (Fla. 3d DCA 1978)