Duhaime v. Duhaime

District Court of Appeal of Florida

Duhaime v. Duhaime

119 So. 3d 1267, 2013 WL 4605442, 2013 Fla. App. LEXIS 13929

CourtDistrict Court of Appeal of Florida

DecidedAugust 30, 2013

DocketNo. 5D13-1055

StatusPublished

This text of 119 So. 3d 1267 (Duhaime v. Duhaime) 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

Duhaime v. Duhaime, 119 So. 3d 1267, 2013 WL 4605442, 2013 Fla. App. LEXIS 13929 (Fla. Ct. App. 2013).

Pincite

Opinion

PER CURIAM.

Guy J. Duhaime appeals the dismissal of his civil action against his siblings, Brenda Duhaime and Cecile Stewart. Mr. Du-haime sued his siblings in Hernando County, claiming that they cheated him out of an inheritance. The trial court dismissed the claim, finding that venue was improper and that a similar lawsuit had previously been filed and dismissed in Polk County. We reverse.

If venue is improper, transfer, rather than dismissal is the proper remedy. Ki-netiks.Com, Inc. v. Sweeney, 789 So.2d 1221, 1222 (Fla. 1st DCA 2001). The pre-clusive effect of the Polk County case, if any, should be determined by the transferee court as the record contains nothing about the earlier case other than a vague reference to its existence.

REVERSED and REMANDED.

SAWAYA, ORFINGER and LAWSON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI