Executive Motors v. Citizens Natl

Full title: EXECUTIVE MOTORS, INC., APPELLANT, v. CITIZENS NATIONAL BANK OF ORLANDO…

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 15, 1973

273 So. 2d 93 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-282.

February 15, 1973.

Appeal from the Circuit Court, Orange County, B.C. Muszynski, J.

Wm. K. Chester, of Aronovitz, Aronovitz Haverfield, Miami, for appellant.

Alexander C. Mackinnon, and Charles R. Fawsett, of Johnson, Motsinger, Trismen Sharp, Orlando, for appellee.

PER CURIAM.

This is an appeal from an interlocutory order denying a motion to transfer on the ground that the plaintiff had selected an improper venue. The defendant did not carry the burden of demonstrating that the plaintiff had chosen an improper venue. The order of the trial court, therefore, is affirmed. See Merrill Lynch, Pierce, Fenner Smith, Inc. v. National Bank of Melbourne Trust Co., Fla.App. 1970, 238 So.2d 665.

REED, C.J., OWEN, J., and SILVERTOOTH, LYNN N., Associate Judge, concur.