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LAKE COUNTY v. FRIEDEL

Nos. 79-1296/T2-42, 79-1359/T2-45.

387 So.2d 514 (1980)

LAKE COUNTY, Florida, et al., Appellants, v. Thomas S. FRIEDEL et al., Appellees. LAKE COUNTY, Florida, et al., Appellants, v. Curtis A. MacNUTT, Appellee.

District Court of Appeal of Florida, Fifth District.

September 3, 1980.

Attorney(s) appearing for the Case

Wilson Sanders of Sanders, McEwan, Mims & McDonald, Orlando, for appellants.

Gary Doane of Whitaker & Koepke, Orlando, for appellee Friedel.

Fred M. Peed of Peed & King, P.A., Orlando, for appellee MacNutt.

No appearance for appellees Thomas K. Armitage and State Farm Mut. Auto. Ins. Co.

COBB, Judge.

These companion cases pose the problem of the right of a county to assert its venue privilege when it is joined as a co-defendant with the county wherein the action is filed. In both cases, Lake County was named as a co-defendant with Sumter County, wherein the actions were filed, based on allegations of negligent maintenance of a roadway located on the boundary of the two counties. Defensive motions by Lake County and its carrier seeking dismissal for...

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