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HEARTLAND ORGANICS v. MC DEVELOPMENTS, LLC

No. 1D08-5029.

8 So.3d 1227 (2009)

HEARTLAND ORGANICS, INC., a Florida corporation; Jennings Farms, Inc., a Florida corporation; Wendi Sue Jennings, an individual; and James Bryant Jennings, an individual, Appellants, v. MC DEVELOPMENTS, LLC, a Florida limited liability company; Sunrise Growers, Inc., a Florida corporation; Heartland Organics, LLC, a Florida limited liability company; and Michael L. Causley, an individual, Appellees.

District Court of Appeal of Florida, First District.

April 30, 2009.

Attorney(s) appearing for the Case

Bruce Brashear of Brashear, Marsh, Kurdziel & McCarty, P.L., Gainesville, for Appellants.

Ravi Batta of Rosenfeld Stein Batta, P.A., Miami, for Appellees.

ALLEN, J.

The appellants challenge an order granting the appellees' motion to abate for improper venue and transferring the appellants' action from Suwannee County to Dade County. The trial court granted the motion based on the joint residency rule, set out in Enfinger v. Baxley, 96 So.2d 538 (Fla.1957). Because the joint residency rule does not preclude a plaintiff from electing...

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