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CARR v. STETSON

No. 98-4249.

741 So.2d 567 (1999)

Sherman CARR, Appellant, v. J. Michael STETSON, individually and as general partner of Lake Wales Golf Estates, Ltd., and J. Perry KNIGHT, individually and as general partner of Lake Wales Golf Estates, Ltd., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 18, 1999.

Attorney(s) appearing for the Case

Sherman Carr, Ft. Lauderdale, pro se.

R. Marshall Rainey and Chad S. Bowen of Williams, Reed, Weinstein, Schifino & Mangione, P.A., Tampa, for appellees.

PER CURIAM.

Appellant challenges the dismissal of his complaint without prejudice for improper venue. We find that the trial court correctly determined that venue for this action is not proper in Broward County. However, we conclude that the trial court erred in dismissing the complaint rather than transferring it to either Martin or Polk County, where venue does lie under section 47.011, Florida Statutes.

Appellant...

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