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FIRST FLA. BK., INC. v. MID-STATE FED. SAV. BANK

No. 92-812.

612 So.2d 730 (1993)

FIRST FLORIDA BANKS, INC., and First Florida Bank, N.A., Appellants, v. MID-STATE FEDERAL SAVINGS BANK, Appellee.

District Court of Appeal of Florida, Fifth District.

February 12, 1993.

Attorney(s) appearing for the Case

Charles W. Pittman, H. Vance Smith, Susan W. Fox of MacFarlane Ferguson, Tampa, and Young J. Simmons of Simmons & Gray, Ocala, for appellants.

Robert C. Owens and Mark P. Dikeman of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Miami, and Andrew G. Pattillo, Jr. of Pattillo & McKeever, P.A., Ocala, for appellee.

PER CURIAM.

We affirm the appealed order because Mid-State Federal's claim for $750,000 under section 10.1 of the New Agreement is properly brought in Marion County. Appellant is correct that this claim is ill-pleaded; however, for purposes of determining proper venue for such a claim, it is adequate. Appellant's "gravamen of the claim" argument misapplies the cases cited and is rejected.

AFFIRMED.

GOSHORN...

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