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Smith v. Cauthen

District Court of Appeal of Florida, First District
Jun 5, 1981
399 So. 2d 475 (Fla. Dist. Ct. App. 1981)

Opinion

No. XX-427.

June 5, 1981.

Appeal from Circuit Court, Alachua County; Wayne M. Carlisle, Judge.

L. Edward McClellan, Jr., of Pattillo, MacKay McKeever, Ocala, for appellants.

Paul G. Wright of Anderson Folds, Gainesville, for appellees.


Appellant argues the trial court erred in ruling on his motion to dismiss for failure to state a cause of action prior to considering his motion to dismiss or transfer alleging improper venue. We agree. The order granting appellant's motion to dismiss for failure to state a cause of action is vacated and the cause remanded for consideration of the motion to dismiss or transfer on the grounds of improper venue. Dickinson v. Grootemaat, 291 So.2d 669 (Fla.2d DCA 1974); Reed Construction Corporation v. State Road Department, 165 So.2d 816 (Fla.3d DCA 1964).

MILLS, C.J., and SHAW, J., and TILLMAN PEARSON (Ret.), Associate Judge, concur.


Summaries of

Smith v. Cauthen

District Court of Appeal of Florida, First District
Jun 5, 1981
399 So. 2d 475 (Fla. Dist. Ct. App. 1981)
Case details for

Smith v. Cauthen

Case Details

Full title:DONALD L. SMITH, M.D., AND FLORIDA PHYSICIANS' INSURANCE RECIPROCAL…

Court:District Court of Appeal of Florida, First District

Date published: Jun 5, 1981

Citations

399 So. 2d 475 (Fla. Dist. Ct. App. 1981)