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MASON v. HOMES BY WHITAKER, INC.

No. 5D07-3297.

971 So.2d 1029 (2008)

John MASON, Appellant, v. HOMES BY WHITAKER, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

January 11, 2008.

Attorney(s) appearing for the Case

Robert A. Lash, of Moody, Salzman & Lash, Gainesville, for Appellant.

Garry D. Adel, of Blanchard, Merriam, Adel & Kirkland, P.A., Ocala, for Appellee.

PER CURIAM.

John Mason appeals the denial of his motion to transfer venue of his breach of contract case to consolidate that action with a lien foreclosure action involving the same parties and the same property. On the facts presented here, we agree that the trial court erred in refusing to transfer venue.

John Mason and Homes By Whitaker, Inc. ("Homes") entered into a written contract for Homes to construct a new residence on Mason's real property located...

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