STEPHEN LECLAIRE, APPELLANT,
v.
EUGENE SCHNEIDER AND ROSE SCHNEIDER, HIS WIFE, APPELLEES
PER CURIAM.
We dismiss appellant’s appeal of the trial court order that denied his motion to dismiss based upon Florida Rule of Civil Procedure 1.1070(j) (case dismissed if service of initial process and pleading not made within 120 days of filing initial pleading). That order is a non appealable non-final order. See Cole v. Posadap, 555 So. 2d 367 (Fla. 3d DCA 1989).
However, we reverse the denial of appellant’s motion for change of venue. Appel-lees concede that proper venue is in Bro-ward or Dade County. We remand with directions to the Clerk of the Circuit Court for Palm Beach County to transfer the case to whichever of those counties the appel-lees designate.
DISMISSED IN PART; REVERSED IN PART AND REMANDED WITH DIRECTIONS.
DOWNEY, GARRETT and FARMER, JJ., concur.
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Berge O. Khandjian and Tuula Khandjian v. Compagnie Financiere Mediterranee Cofimed, S.A., 619 So. 2d 348 (Fla. 2d DCA 1993)…Rand Corp., 601 So. 2d 538 (Fla.1992), it was consistently held that an order denying a motion to dismiss based on rule 1.070(j) is not an appealable nonfi-nal order. See Hondorat v. Genova, 579 So. 2d 286 (Fla. 3d DCA 1991); LeClaire v. Schneider, 579 So. 2d 925 (Fla. 4th DCA 1991); DCA of Hialeah, Inc. v. Lago Grande One Condominium Ass ’n, Inc., 559 So. 2d 1178 (Fla. 3d DCA 1990); Macke Laundry Services, Inc. v. Saintil, 568 So. 2d 541 (Fla. 4th DCA 1990); Cole v. Posada, 555 So. 2d 367 (Fla. 3d DCA 1989)…
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Comisky v. Rosen Mgmt. Serv., Inc., 630 So. 2d 628 (Fla. 4th DCA 1994)…not provide this appellant by way of non-final appeal, with what it could not ob [*632] tain through a petition for common law cer-tiorari. Accordingly, I dissent. . See Hondorat v. Genova, 579 So. 2d 286 (Fla. 3d DCA 1991); LeClaire v. Schneider, 579 So. 2d 925 (Fla. 4th DCA 1991); DCA of Hialeah, Inc. v. Lago Grande One Condominium Assn, 559 So. 2d 1178 (Fla. 3d DCA 1990); Macke Laundry Services, Inc. v. Saintil, 568 So. 2d 541 (Fla. 4th DCA 1990); Cole v. Posada, 555 So. 2d 367 (Fla. 3d DCA 1989). . See…
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Lifred v. State, 643 So. 2d 94 (Fla. 4th DCA 1994)…ourt erred only through its use of legal constraint multipliers in accordance with Flowers v. State, 586 So. 2d 1058 (Fla.1991). . In his first appeal, codefendant Rahming's conviction and sentence were affirmed by this court, see Rahming v. State, 579 So. 2d 925 (Fla. 4th DCA 1991), but the sentence was subsequently quashed by the Florida Supreme Court pursuant to Flowers. See Rahming v. State, 592 So. 2d 678 (Fla.1992). Codefendant Rahming filed a second appeal after resentencing, raising for the first tim…
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- Sanford H. Cole, M.D. v. Posada, 555 So. 2d 367 (Fla. 3d DCA 1989)