ANTHONY PARKS, APPELLANT,

v.

PROVENCE CONDOMINIUM ASSOCIATION, INC., APPELLEE

Citator

Cited By (29 total)

• Frederick W.J. Eggers v. Eggers, 776 So. 2d 1096 (Fla. 5th DCA 2001)
  …rida Statutes. A motion to dismiss/transfer venue due to the impropriety of the plaintiffs venue selection is significantly different than a motion to transfer on forum non conveniens grounds. See PricewaterhouseCoopers LLP v. Cedar Resources, Inc., 761 So. 2d 1131 (Fla. 2d DCA 1999). Improper venue can be waived if not timely raised. See Florida Rule of Civil Procedure 1.140(b). Having failed to raise improper venue in his motion below, Frederick cannot raise the issue for the first time on appeal.1 See Spart…
• McDANIEL Reserve Realty Holdings, LLC v. B.S.E. Consultants, Inc., 39 So. 3d 504 (Fla. 4th DCA 2010)
  …endry County but stayed its order pending this appeal. There are at least two different types of venue decisions a trial court may be asked to make, each requiring a different standard of review. PricewaterhouseCoopers LLP v. Cedar Resources, Inc., 761 So. 2d 1131, 1188 (Fla. 2d DCA 1999). When a trial court is presented with a motion to transfer venue based on the impropriety of the plaintiffs venue selection under section 47.011, the trial court must resolve any relevant factual disputes and then make a leg…
• Am. Vehicle Ins. Co. v. Olive Goheagan, 35 So. 3d 1001 (Fla. 4th DCA 2010)
  …in this context are reviewed to determine whether they are supported by competent, substantial evidence or whether they are clearly erroneous. The trial court’s legal conclusions are reviewed de novo.” PricewaterhouseCoopers LLP v. Cedar Res., Inc., 761 So. 2d 1131, 1133 (Fla. 2d DCA 1999) (internal citations omitted). The plaintiff has the prerogative to choose the venue, and as long as that selection is proper as provided by statute, the court will not disturb the selection. Padin v. Travis, 990 So. 2d 1255…