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BURKE CO. v. U.S. TELEPHONE CO.

No. 90-1167.

571 So.2d 33 (1990)

The BURKE COMPANY, a corporation, Appellant, v. UNITED STATES TELEPHONE COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

October 2, 1990.

Attorney(s) appearing for the Case

Mandel & Weisman and William S. Weisman, Ft. Lauderdale, for appellant.

Thornton & Mastrucci and Sergio V. Medina, Miami, for appellee.

Before BARKDULL, FERGUSON and COPE, JJ.

PER CURIAM.

We conclude, contrary to the position of appellant The Burke Company, that a trial court has discretion in the application of Rule 1.060(c), Florida Rules of Civil Procedure. Here, defendant Burke successfully moved for a transfer of venue under Rule 1.060. Under Rule 1.060(c), plaintiff United States Telephone Company was obliged to pay the clerk's service charge within thirty days but inadvertently failed to do so. The charge was promptly paid as soon...

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