FRANEXCO, INC., F/K/A BERTON PLASTICS, INC., APPELLANT,
v.
PAUL H. POORE, APPELLEE
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PER CURIAM.
This is an appeal from an order which transferred venue of this case from Polk County to Highlands County. Because appellant’s complaint and attachments do not affirmatively show that venue is lacking, although the issue is facially questionable, appellee was required to plead and prove with sworn evidence that venue was improper. Appellee’s motion to transfer was unsworn and there was apparently no sworn testimony at the hearing on the motion.1 Accordingly, we reverse the trial court’s order. See Davis v. Florida Power Corp., 492 So. 2d 829 (Fla. 2d DCA 1986); Magee v. Liberty Mutual Insurance Co., 366 So. 2d 827 (Fla. 4th DCA 1979).
REVERSED.
SCHEB, A.C.J., and DANAHY and HALL, JJ., concur. . Although the hearing on the motion apparently was not transcribed, appellant contends, without contradiction from appellee, that there was no sworn testimony taken at that hearing.
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Schiming v. State, 617 So. 2d 813 (Fla. 5th DCA 1993)…Sanborn, 533 So. 2d 1169 (Fla.1988), the conviction for kidnapping is reversed and the cause remanded for a new trial on the kidnapping charge plus resentencing. In all other respects, the decision of the trial court is affirmed. Schiming v. State, 534 So. 2d 1252 (Fla. 5th DCA 1988). Thereafter, the state nolle prossed the kidnapping charge. Appellant was never resentenced on the remaining convictions. Appellant, on September 10, 1991, filed a rule 3.800(a) motion, claiming that he should be resentenced on…
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Schiming v. State, 890 So. 2d 316 (Fla. 5th DCA 2004)…ous terms of incarceration including life imprisonment for the attempted murder. On appeal, this court reversed the kidnapping conviction and remanded the case to the trial court for a retrial on that charge and for resentenc-ing. Schiming v. State, 534 So. 2d 1252 (Fla. 5th DCA 1988). Schiming then filed a rule 3.800(a) motion arguing that because this court reversed the kidnapping conviction, he was entitled to resentencing on all other convictions. This court agreed that he should be resentenced on those co…
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Polackwich v. Fla. Power & Light Co. & the O'Day Corp., 576 So. 2d 892 (Fla. 2d DCA 1991)…ay’s sole licensed dealer for Florida’s west coast. The plaintiff’s choice of venue may not be disturbed on a motion to transfer for improper venue as long as the complaint does not affirmatively show that venue is lacking. Franexco, Inc. v. Poore, 534 So. 2d 1252 (Fla. 2d DCA 1988); Westshore Glass Corp. v. Hack Industries, Inc., 522 So. 2d 1046 (Fla. 2d DCA 1988); Davis v. Florida Power Corp., 492 So. 2d 829 (Fla. 2d DCA 1986). The party challenging venue must carry its burden of proof to overcome the plain…
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- Magee v. Liberty Mut. Ins. Co., 366 So. 2d 827 (Fla. 4th DCA 1979)
- Davis v. Fla. Power Corp., 492 So. 2d 829 (Fla. 2d DCA 1986)