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STADLER v. FORD WERKE AG

No. 90-2955.

581 So.2d 632 (1991)

Daniel J. STADLER and Tracey Wills Stadler, His Wife, Appellants, v. FORD WERKE AG, a Foreign Corporation, Heiser Lincoln-Mercury, Inc., a Foreign Corporation, Ford Motor Co., a Foreign Corporation, Jeffrey Kirsch, As Personal Representative of the Estate of Brian S. Richards, Deceased, the Richards Automobile Co., Inc., a Domestic Corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

June 12, 1991.

Attorney(s) appearing for the Case

Lytal & Reiter, and Jane Kreusler-Walsh of Klein & Walsh, P.A., West Palm Beach, for appellants.

L. Martin Flanagan of Jones, Foster, Johnston, Stubbs, P.A., West Palm Beach, and Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, for appellee-Ford Motor Co.

PER CURIAM.

This is an appeal from an order transferring the underlying action to Martin County, Florida. The motion to transfer filed by appellee, Ford, was unsworn. The affidavit filed in support of the motion was based upon hearsay which, itself, was stale and outdated. There was no sworn testimony taken at the hearing on the motion. Thus, there was not substantial, competent evidence to support the trial court's exercise of discretion in acting on the motion....

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