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MERRILL LYNCH, PIERCE, F. & S., INC. v. NATIONAL BK., ETC.

No. 69-770.

238 So.2d 665 (1970)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellant, v. NATIONAL BANK OF MELBOURNE AND TRUST COMPANY, As Executor of the Estate of Bess D. Balch and Ralph E. Balch, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

August 31, 1970.

Attorney(s) appearing for the Case

Harlan Tuck, of Giles, Hedrick & Robinson, Orlando, for appellant.

Ralph Geilich, of Williams, Geilich & Potter, Melbourne, for appellee.

REED, Judge.

This is an interlocutory appeal from an order of the Circuit Court for Brevard County, Florida, dismissing a complaint for improper venue, but with leave to amend. The issue is whether or not the trial court erred in allowing the plaintiff leave to amend once the court had determined the venue was improperly laid.

The plaintiff, National Bank of Melbourne And Trust Company, filed its complaint in two counts. The first alleged that the defendant...

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