Opinion
No. 80-967.
July 29, 1980.
Appeal from the Circuit Court, Monroe County, M. Ignatius Lester, J.
Carl J. Robie, III, Sarasota, for appellant.
David Paul Horan and Mark H. Kelly, Key West, for appellee.
Before HUBBART, SCHWARTZ and DANIEL S. PEARSON, JJ.
The order denying the defendant's motion for change of venue, which is under review by this appeal under Fla.R.App.P. 9.130(a)(3)(A), is affirmed upon a holding that: (a) an action for reformation of a warranty deed which seeks to change the title to real property is a local action and may properly be brought, as here, in the county where the real property is located, § 47.011, Fla. Stat. (1979); see Franklin v. Sherwood Park, Ltd. Inc., 380 So.2d 1323 (Fla. 3d DCA 1980); Sales v. Berzin, 212 So.2d 23 (Fla. 4th DCA 1968); and (b) the trial court, based on this record, did not abuse its discretion in declining to change the venue of this cause under Section 47.122, Florida Statutes (1979). Hertz Corp. v. Rentz, 326 So.2d 216 (Fla. 4th DCA 1976).
Affirmed.