Indian River Foods, Inc. v. Citrusales, Inc. (280 So. 2d 36, 1973)

Florida District Court of Appeal 1973-03-30

Citations

Full opinion text

PER CURIAM.

Appellant, defendant below, brings interlocutory appeal to review denial of its motion to transfer venue of this cause from Broward County to St. Lucie County. We reverse on the authority of Mendez v. George Hunt, Inc., Fla.App.1966, 191 So.2d 480 and remand with instructions to grant appellant’s motion for change of venue.

REED, C. J., and CROSS and OWEN, JJ., concur.

ON PETITION FOR RE- ■ HEARING GRANTED

Having granted petition for rehearing and heard oral argument, we recede from our opinion and decision filed March 30, 1973, reversing the order denying defendant-appellant’s motion to transfer venue, and hereby affirm such order on the authority of Saf-T-Clean, Inc. v. Martin-Marietta Corporation, Fla. 1967, 197 So.2d 8.

Affirmed.

REED, C. J., and OWEN, J., concur.

CROSS, J., dissents without opinion.