Spielfogel v. Fischer (464 So. 2d 1310, 1985)

PER CURIAM.

The order denying defendant/appellant’s motion to transfer the cause to the Circuit Court for the Eleventh Judicial Circuit of Florida (Dade County) is reversed since it is clear that the defendant, by asserting improper venue as an affirmative defense in the answer, did not waive this defense. See Rule 1.140(b), Fla.R.Civ.P.; see also Gross v. Franklin, 387 So.2d 1046 (Fla. 3d DCA 1980); Fixel v. Clevenger, 285 So.2d 687 (Fla. 3d DCA 1973).

LETTS, HERSEY and HURLEY, JJ., concur.