CASPER v. GREENSTEIN

No. 4D03-57.

848 So.2d 453 (2003)

Blake J. CASPER, d/b/a Caspers Industries, L.L.C., Appellant, v. Lynn GREENSTEIN and Mark Greenstein, Appellees.

District Court of Appeal of Florida, Fourth District.

July 2, 2003.


Attorney(s) appearing for the Case

Allen S. McConnaughhay, Tallahassee, for appellant.

Ronald M. Simon, P.A., Miami, and Bambi G. Blum of Bambi G. Blum, P.A., Miami, for appellees.


PER CURIAM.

We withdraw the previous opinion filed on May 21, 2003 and substitute the following.

Appellee plaintiffs sued appellant, as well as McDonald's Corporation, as a result of a slip and fall in one of appellant's stores in Leon County. The only basis on which venue could be proper in Palm Beach County, where this suit was filed, was if McDonalds was a party. McDonalds' motion for summary judgment was granted, with leave for plaintiffs to amend. Because...

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