SMITH v. CAUTHEN

No. XX-427.

399 So.2d 475 (1981)

Donald L. SMITH, M.D., and Florida Physicians' Insurance Reciprocal, Appellants, v. Opal CAUTHEN, Raymond S. Cauthen and Board of Regents of Florida, Appellees.

District Court of Appeal of Florida, First District.

June 5, 1981.


Attorney(s) appearing for the Case

L. Edward McClellan, Jr., of Pattillo, MacKay & McKeever, Ocala, for appellants.

Paul G. Wright of Anderson & Folds, Gainesville, for appellees.


PER CURIAM.

Appellant argues the trial court erred in ruling on his motion to dismiss for failure to state a cause of action prior to considering his motion to dismiss or transfer alleging improper venue. We agree. The order granting appellant's motion to dismiss for failure to state a cause of action is vacated and the cause remanded for consideration of the motion to dismiss or transfer on the grounds of improper venue...

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