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NYBERG v. KEMP

No. 91-1530.

616 So.2d 530 (1993)

David Ansgar NYBERG, Appellant, v. Doyle KEMP, Gerald Collins, Gene Gordon, A. Doe, B. Doe, and Richard L. Dugger, Appellees.

District Court of Appeal of Florida, First District.

March 25, 1993.

Attorney(s) appearing for the Case

David Ansgar Nyberg, pro se.

No appearance for appellee.

WIGGINTON, Judge.

Appellant appeals the trial court's order sua sponte transferring venue of this case from Leon County to Marion County where appellant is confined in Marion Correctional Institution. We reverse.

As recognized by this court in Nyberg v. Snover, 604 So.2d 894 (Fla. 1st DCA 1992):

[I]t is the plaintiff's prerogative to make the initial choice of venue in accordance with the applicable venue...

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