Legal Opinion

Green v. Ivey

District Court of Appeal of Florida

Decided March 31, 2017No. Case 5D16-3907Published

1Opinion of the CourtLambert, J.

Appellant, Erin Green, the plaintiff below, appeals the trial court’s nonfinal order granting the motion filed by Appellee, Wayne Ivey, in his capacity as the Sheriff of Brevard County, to transfer venue of the underlying action from Seminole County to Brevard County. 1 Because Appellee waived his venue objection by not timely asserting it, we reverse.

Appellant filed her complaint in Seminole County against Appellee, seeking damages pursuant to Florida’s ‘Whistle-Blower Act.” 2 Appellee answered the complaint but did not contest venue. Seven weeks later, Appellee filed an unsworn motion to…

2Cases cited4 opinions

  1. Florida Department of Children and Families v. Sun-Sentinel, Inc.Supreme Court of Florida · 2004
  2. Resor v. WellingDistrict Court of Appeal of Florida · 2010
  3. Tip Top Enterprises v. Summit ConsultingDistrict Court of Appeal of Florida · 2005
  4. State, Department of Transportation v. Gulf-Atlantic Constructors, Inc.District Court of Appeal of Florida · 1999

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