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FRANKLIN v. SHERWOOD PARK, LTD., INC

No. 79-1757.

380 So.2d 1323 (1980)

William D. FRANKLIN, Individually, and As Trustee and Elaine Franklin, His Wife, Appellants, v. SHERWOOD PARK, LTD., INC., and Sherwood Forest, Ltd., Inc., of Hollywood, Appellees.

District Court of Appeal of Florida, Third District.

March 18, 1980.

Attorney(s) appearing for the Case

Salter, Yeslow & Burnstein and Myron H. Burnstein, Hollywood, for appellants.

Joe N. Unger, Podhurst, Orseck & Parks and Joel D. Eaton, Miami, for appellees.

Before PEARSON and SCHWARTZ, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.

PER CURIAM.

This interlocutory appeal by the defendants is from an order which (1) denied the defendants' motion to dismiss for lack of personal jurisdiction and (2) denied the defendants' alternative motion to abate for improper venue. The motion to abate for improper venue should have been treated as a motion to transfer. See Ryder Leasing, Inc. v. Jorge, 168 So.2d 548 (Fla. 3d DCA 1964).

At oral argument, the defendants...

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