DC CAPITAL LAW FIRM, LLC.
v.
WESTGATE VACATION VILLAS, LLC., JOHN W. EVERETT, REMEDIOS EVERETT, NEWTON GROUP TRANSFERS, LLC., WALTER LANDIS, JEAN LANDIS, JAMES D. HARRIS, ALICIA M. HARRIS, MICHAEL E. JOHNSON, ET AL

Fla. 5th DCA | 2021-04-06
No. 21-0271
Sanders, J., Evander, C.J., Wallis, J., Lambert, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A party challenging a plaintiff's venue selection bears the burden of pleading and proving that venue is improper and must demonstrate where proper venue is located.


Headnotes

[1] A party challenging a plaintiff's venue selection bears the burden of pleading and proving that venue is improper and must affirmatively demonstrate where proper venue is…

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Key Quotes

“party wishing to challenge plaintiff's chosen venue selection has burden of pleading and proving that venue is improper and, as part of this burden, party contesting venue must demonstrate where proper venue is”

Court's citation to Hall v. Animals.com L.L.C., 171 So. 3d 216, 218 (Fla. 5th DCA 2015)

Facts & Procedural History

DC Capital Law Firm, LLC filed suit against Westgate Vacation Villas, LLC and multiple individual defendants. The defendants challenged the venue sele…

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Opinion of the Court
Evander

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DC CAPITAL LAW FIRM, LLC.,

Appellant,

v. Case No. 5D21-271

WESTGATE VACATION VILLAS,

LLC., JOHN W. EVERETT, REMEDIOS

EVERETT, NEWTON GROUP

TRANSFERS, LLC., WALTER LANDIS, JEAN LANDIS, JAMES D. HARRIS, ALICIA M. HARRIS, MICHAEL E.

JOHNSON, ET AL,

Appellees.

________________________________/

Opinion filed April 6, 2021 Nonfinal Appeal from the Circuit Court for Osceola County, Gabrielle Sanders, Judge. Kimberly K. Berman, of Marshall Dennehey Warner Coleman & Goggin, Fort Lauderdale, for Appellant. John H. Pelzer, of Greenspoon Marder LLP, Fort Lauderdale, for Appellee Westgate Vacation Villas, LLC.

2

No Appearance for other Appellees. PER CURIAM. AFFIRMED. See Hall v. Animals.com L.L.C., 171 So. 3d 216, 218 (Fla. 5th DCA 2015) (observing that party wishing to challenge plaintiff’s chosen venue selection has burden of pleading and proving that venue is improper and, as part of this burden, party contesting venue must demonstrate where proper venue is). EVANDER, C.J., WALLIS and LAMBERT, JJ., concur.


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