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TIETIG v. RICCIO

No. 84-310.

451 So.2d 1016 (1984)

Edward C. TIETIG, Individually and As Co-Partner, and Villasol Realty Co., a Florida Corporation As Co-Partner; d/b/a the Park Apartments Ltd., Appellants, v. Henry A. RICCIO, Appellee.

District Court of Appeal of Florida, Third District.

June 19, 1984.

Attorney(s) appearing for the Case

Edward C. Tietig, Miami, for appellants.

Heitner & Rosenfeld and Alan B. Gest, North Miami Beach, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.

PER CURIAM.

Because plaintiff's suit seeks primarily foreclosure of a mechanic's lien on real property, even though damages are sought as an alternative remedy, the action should have been brought in Brevard County where the property is situated. See Georgia Casualty Co. v. O'Donnell, 109 Fla. 290, 147 So. 267 (1933); Sales v. Berzin, 212 So.2d 23 (Fla. 4th DCA 1968) (a suit to foreclose mortgage is local, and must...

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