CASPER v. GREENSTEIN, 4D03-57 (Fla.App. 4 Dist. 5-21-2002)

BLAKE J. CASPER, d/b/a CASPERS INDUSTRIES, L.L.C., Appellant, v. LYNN GREENSTEIN and MARK GREENSTEIN, Appellees.

Case No. 4D03-57.District Court of Appeal of Florida, Fourth District.
Opinion filed May 21, 2002.

Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John D. Wessel, Judge; L.T. Case No. CA 02-9743-AE.

Allen S. McConnaughhay, Tallahassee, for appellant.

Ronald M. Simon, P.A., Miami, and Bambi G. Blum of Bambi G. Blum, P.A., Miami, for appellees.

PER CURIAM.

Appellee plaintiffs sued appellant, as well as McDonald’s Corporation, as a result of a slip and fall in one of appellant’s stores in Leon County. The only basis on which venue could be proper in Palm Beach County, where this suit was filed, was if McDonalds was a party. McDonalds, however, was granted a summary judgment, leaving only the appellant, which has no venue connection to Palm Beach County, as the only defendant. We therefore reverse the denial of the motion to either dismiss or transfer venue to Leon County.

KLEIN, SHAHOOD and GROSS, JJ., concur.

NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.

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