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TUTTLE'S DESIGN-BUILD v. FLA. FANCY

No. 92-00642.

604 So.2d 873 (1992)

TUTTLE's DESIGN-BUILD, INC., a Florida Corporation, and Preferred National Insurance Company, a Florida Corporation, Appellants, v. FLORIDA FANCY, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 21, 1992.

Attorney(s) appearing for the Case

Kenneth A. Marra of Nason, Gildan, Yeager, Gerson & White, P.A., West Palm Beach, for Tuttle's Design-Build, Donald W. Yetter of Ferrell, Ferrell, Yetter & Lowe, Bradenton, for Preferred Nat. Ins. Co.

Mark A. Nelson of Harllee, Porges, Hamlin & Hamrick, P.A., Bradenton, for appellee.

BLUE, Judge.

Tuttle's Design-Build, Inc. (Tuttle's) and Preferred National Insurance Company (Preferred) argue the trial court erred in denying their motions to dismiss the complaint of Florida Fancy, Inc. (Florida Fancy) for improper venue. We agree.

Florida Fancy delivered material to Tuttle's, a landscaping subcontractor, for use in a public construction project located in Palm Beach County. In its complaint filed in Manatee County, Florida Fancy asserted...

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