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TULLI v. TULLI

No. 2D99-2869.

780 So.2d 213 (2001)

Joseph A. TULLI, Appellant, v. Palma TULLI, Appellee.

District Court of Appeal of Florida, Second District.

February 7, 2001.

Attorney(s) appearing for the Case

B. Thomas Whitefield of Morford & Whitefield, P.A., Jacksonville, for Appellant.

No brief filed by Appellee.

FULMER, Judge.

The defendant, Joseph Tulli, appeals from a nonfinal order denying his "Motion to Abate or Transfer for Improper Venue." We reverse because Joseph Tulli was entitled to the venue transfer based on his uncontradicted affidavit.

In her unsworn complaint, filed in Sarasota County, the plaintiff, Palma Tulli, alleged that she was to receive a check "as a down payment on a real estate sale in Sarasota County," and that Joseph Tulli "took possession...

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