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MERCEDES HOMES, INC. v. GOLDSMITH

No. 4D03-2007.

866 So.2d 779 (2004)

MERCEDES HOMES, INC., a Florida corporation, Appellant, v. David GOLDSMITH, Appellee.

District Court of Appeal of Florida, Fourth District.

March 3, 2004.

Attorney(s) appearing for the Case

Patrick F. Roche of Frese, Nash & Hansen, P.A., Melbourne, for appellant.

William R. Ponsoldt, Jr. of Wright, Ponsoldt & Lozeau Trial Attorneys, L.L.P., Stuart, for appellee.

KLEIN, J.

Goldsmith sued Mercedes Homes seeking in Count I, specific performance of a contract for sale of real property, and in Count II, damages for breach of contract as an alternative to specific performance. Mercedes moved to transfer venue under a venue provision in the contract. The trial court denied the motion because the property was located in the county in which the complaint was filed, and the jurisdictional authority of the court over the property existed...

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