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SPIELFOGEL v. FISCHER

No. 84-2577.

464 So.2d 1310 (1985)

Michael SPIELFOGEL, Appellant, v. Alan FISCHER and Evelyn Fischer, Appellees.

District Court of Appeal of Florida, Fourth District.

March 13, 1985.

Attorney(s) appearing for the Case

Jorge Perez-Gurri of Lopez & Perez-Gurri, Coral Gables, for appellant.

Carl D. Weinberg of Sheldon J. Schlesinger, P.A., Fort Lauderdale, for appellees.

PER CURIAM.

The order denying defendant/appellant's motion to transfer the cause to the Circuit Court for the Eleventh Judicial Circuit of Florida (Dade County) is reversed since it is clear that the defendant, by asserting improper venue as an affirmative defense in the answer, did not waive this defense. See Rule 1.140(b), Fla.R.Civ.P.; see also Gross v. Franklin, 387 So.2d 1046 (Fla. 3d DCA 1980); Fixel v. Clevenger...

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