FRANEXCO, INC. v. POORE

No. 88-2133.

534 So.2d 1252 (1988)

FRANEXCO, INC., f/k/a Berton Plastics, Inc., Appellant, v. Paul H. POORE, Appellee.

District Court of Appeal of Florida, Second District.

December 21, 1988.


Attorney(s) appearing for the Case

Joseph G. Hern, Jr., of Wendel & Chritton, Chartered Lakeland, for appellant.

James F. McCollum, of McCollum & Waite, P.A., Sebring, for appellee.


PER CURIAM.

This is an appeal from an order which transferred venue of this case from Polk County to Highlands County. Because appellant's complaint and attachments do not affirmatively show that venue is lacking, although the issue is facially questionable, appellee was required to plead and prove with sworn evidence that venue was improper. Appellee's motion to transfer was unsworn and there was apparently no sworn testimony at the hearing on the motion.

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