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FLORIDA GAMCO, INC. v. FONTAINE

No. 4D10-4402.

68 So.3d 923 (2011)

FLORIDA GAMCO, INC., Frank Mirabella, Pamela McKinnon and Charlie Price, Appellants, v. Gale FONTAINE, individually and derivatively on behalf of Florida Gamco, Inc., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

August 10, 2011.

Attorney(s) appearing for the Case

Shannon P. McKenna of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for Appellants-Florida Gamco, Inc.

Frank Mirabella and John A. Rudolph, Jr. and M. Drew Parker of Ard, Shirley & Rudolph, P.A., Tallahassee, for Appellants-Pamela McKinnon and Charlie Price.

Keith T. Grumer and Theodore D'Apuzzo of Grumer & Macaluso, P.A., Fort Lauderdale, for appellee.

TAYLOR, J.

The defendants, Florida Gamco, Inc., Frank Mirabella, Pamela McKinnon, and Charlie Price, appeal the trial court's non-final order denying their motion to transfer venue from Broward County to Leon County. Because the defendants met their burden of proving that venue was improper in Broward and proper in Leon, and Plaintiff Gale Fontaine, individually and derivatively on behalf of Florida Gamco, Inc., failed to...

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