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POZO v. ROADHOUSE GRILL, INC.

No. 5D01-73.

790 So.2d 1255 (2001)

Rafael DeJesus POZO, Esquire, Appellant, v. ROADHOUSE GRILL, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

August 10, 2001.

Attorney(s) appearing for the Case

Marlene S. Reiss of Stephens, Lynn, Klein, et al., Miami, for Appellant.

M. Gary Toole and Aaron D. Lyons of Cabaniss Smith Toole & Wiggins PL, Maitland, for Appellee Roadhouse Grill.

PLEUS, J.

Pozo appeals the trial court's non-final order denying his motion to dismiss for improper venue. This court has jurisdiction to review this non-final order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(A). Because the complaint fails to allege venue in Orange County, we reverse the trial court's denial of Pozo's motion to dismiss and remand for an evidentiary hearing to determine whether all defendants commonly reside in Dade County. If so...

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