Casper v. Greenstein

District Court of Appeal of Florida

Casper v. Greenstein

848 So. 2d 453, 2003 Fla. App. LEXIS 10154, 2003 WL 21506900

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 2003

DocketNo. 4D03-57

StatusPublished

This text of 848 So. 2d 453 (Casper v. Greenstein) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Casper v. Greenstein, 848 So. 2d 453, 2003 Fla. App. LEXIS 10154, 2003 WL 21506900 (Fla. Ct. App. 2003).

Pincite

Opinion

PER CURIAM.

We withdraw the previous opinion filed on May 21, 2003 and substitute the following.

Appellee plaintiffs sued appellant, as well as McDonald’s Corporation, as a result of a slip and fall in one of appellant’s stores in Leon County. The only basis on which venue could be proper in Palm Beach County, where this suit was filed, was if McDonalds was a party. Mc-Donalds’ motion for summary judgment was granted, with leave for plaintiffs to amend. Because McDonalds remains a party at this time, we must affirm, but we do so without prejudice to renewal of the motion to dismiss or transfer venue to [454]*454Leon County, in the event McDonalds is no longer a party.

KLEIN, SHAHOOD and GROSS, JJ., concur.

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PER CURIAM.

We withdraw the previous opinion filed on May 21, 2003 and substitute the following.

Appellee plaintiffs sued appellant, as well as McDonald’s Corporation, as a result of a slip and fall in one of appellant’s stores in Leon County. The only basis on which venue could be proper in Palm Beach County, where this suit was filed, was if McDonalds was a party. Mc-Donalds’ motion for summary judgment was granted, with leave for plaintiffs to amend. Because McDonalds remains a party at this time, we must affirm, but we do so without prejudice to renewal of the motion to dismiss or transfer venue to [454]*454Leon County, in the event McDonalds is no longer a party.

KLEIN, SHAHOOD and GROSS, JJ., concur.

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Bluebook (online)

848 So. 2d 453, 2003 Fla. App. LEXIS 10154, 2003 WL 21506900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casper-v-greenstein-fladistctapp-2003.