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SCHOOL BD. OF OSCEOLA CTY. v. JAMES

No. 91-2672.

604 So.2d 521 (1992)

SCHOOL BOARD OF OSCEOLA COUNTY, FLORIDA, Appellant, v. JAMES E. ROSE MECHANICAL CONTRACTORS, INC., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 21, 1992.

Attorney(s) appearing for the Case

Norman J. Smith of Brinson, Smith, Smith, Lewis & Starr, P.A., Kissimmee, for appellant.

David A. Yergey, Jr. of Yergey and Yergey, Orlando, for appellee.

DAUKSCH, Judge.

This is an appeal from a non-final order denying the School Board of Osceola County's motion to dismiss for improper venue. The School Board argues that the trial court erred in denying its motion to dismiss for improper venue based on the common law home venue privilege because no exception to the rule was applicable. We agree and reverse.

On May 1, 1991, appellee James E. Rose Mechanical Contractors, Inc. ("Rose") filed its Third Amended...

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