Waste Corp. of America v. Choice Sanitation, Inc.

760 So. 2d 1096, 2000 Fla. App. LEXIS 8035, 2000 WL 826893
CourtDistrict Court of Appeal of Florida
DecidedJune 28, 2000
DocketNo. 4D00-0873
StatusPublished

This text of 760 So. 2d 1096 (Waste Corp. of America v. Choice Sanitation, Inc.) 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
Waste Corp. of America v. Choice Sanitation, Inc., 760 So. 2d 1096, 2000 Fla. App. LEXIS 8035, 2000 WL 826893 (Fla. Ct. App. 2000).

Opinion

PER CURIAM.

Appellants challenge a non-final order of the Broward County Circuit Court granting appellees motion to transfer venue to St. Lucie County. We reverse and remand for further proceedings in accordance with Smith v. Morgan, Carratt & O’Conner, P.A., 710 So.2d 1 (Fla. 4th DCA 1998), and Cameron v. Smith New Court, Inc., 608 So.2d 923 (Fla. 3d DCA 1992).

On the day of the hearing the court advised appellants to file affidavits to oppose appellees’ motion and affidavit. Appellants had witnesses present, but because the matter was not set for an evidentiary hearing, the court was not in a position to accept their testimony. We remand the case for further proceedings as the court ruled on the motion the day after the hearing and before appellants filed the affidavits.

GUNTHER, KLEIN and GROSS, JJ., concur.

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Related

Cameron v. Smith New Court, Inc.
608 So. 2d 923 (District Court of Appeal of Florida, 1992)
Smith v. Morgan Carratt & O'Conner, P.A.
710 So. 2d 1 (District Court of Appeal of Florida, 1998)

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Bluebook (online)
760 So. 2d 1096, 2000 Fla. App. LEXIS 8035, 2000 WL 826893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waste-corp-of-america-v-choice-sanitation-inc-fladistctapp-2000.