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VITIELLO, M.D. v. JOBLOVE & BATTISTA, P.A.

No. 4D12-4337.

123 So.3d 1185 (2013)

GINO VITIELLO, M.D., P.A. and Gino Vitiello, an individual, Appellants, v. GENOVESE JOBLOVE & BATTISTA, P.A., Appellee.

District Court of Appeal of Florida, Fourth District.

October 23, 2013.

Attorney(s) appearing for the Case

Craig B. Shapiro and Rodolfo Nuñez of Aran, Correa, Guarch & Shapiro, P.A., Coral Gables, for appellants.

Barry P. Gruher and Robert F. Elgidely of Genovese Joblove & Battista, P.A., Fort Lauderdale, for appellee.

GERBER, J.

The defendants appeal from the circuit court's order denying their motion to transfer venue from Broward County to Miami-Dade County. The defendants raise two arguments: (1) their affidavit established that venue was improper in Broward County and proper in Miami-Dade County; and (2) the plaintiff did not present any sworn evidence to rebut their affidavit. We agree with the defendants' arguments and reverse.

The plaintiff filed a complaint against...

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