MERCEDES HOMES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
DAVID GOLDSMITH, APPELLEE
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KLEIN, J.
Goldsmith sued Mercedes Homes seeking in Count I, specific performance of a contract for sale of real property, and in Count II, damages for breach of contract as an alternative to specific performance. Mercedes moved to transfer venue under a' venue provision in the contract. The trial court denied the motion because the property was located in the county in which the complaint was filed, and the jurisdictional authority of the court over the property existed only in that county. Ruth v. Dep’t of Legal Affairs, 684 So. 2d 181 (Fla.1996).
Mercedes argues that venue should not be governed by the principle of Ruth, which is known as the local action rule, because Mercedes sold the property to a bona fide purchaser before the lawsuit was filed and Goldsmith, accordingly, cannot obtain specific performance. That contention is premature. Because the specific performance claim is still pending, we affirm, but without prejudice to Mercedes again raising venue in the event Goldsmith’s claim is limited to monetary relief.
MAY, J., and HOROWITZ, ALFRED J., Associate Judge, concur.
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Grant v. State, 875 So. 2d 795 (Fla. 5th DCA 2004)…. The petition for belated appeal is facially insufficient because it was not made under oath. Fla. R.App. P. 9.141(c)(3)(F). Therefore, the petition is denied without prejudice for the petitioner to refile a proper sworn petition. Riley v. State, 866 So. 2d 779 (Fla. 5th DCA 2004); Ezell v. State, 778 So. 2d 1071 (Fla. 5th DCA 2001); Harris v. State, 769 So. 2d 529 (Fla. 5th DCA 2000). PETITION DENIED WITHOUT PREJUDICE. SAWAYA, C.J., SHARP, W., and THOMPSON, JJ., concur.…
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Fuller v. State, 886 So. 2d 242 (Fla. 5th DCA 2004)…hough I agree the petition must be dismissed, I think it should be dismissed without prejudice to give Fuller an opportunity to show that he or the trial judge asked his attorney or the Public Defender’s Office to file an appeal. See Riley v. State, 866 So. 2d 779 (Fla. 5th DCA 2004); Ezell v. State, 778 So. 2d 1071 (Fla. 5th DCA 2001).…
Authorities Cited
- Ruth v. Dep't OF Legal Affairs, 684 So. 2d 181 (Fla. 1996)