MML Development Corp. v. Eagle National Bank of Miami

PETERSON, Judge.

The mortgagor/appellant MML Development Corp. and individual guarantors (collectively referred to as MML), ask us to consider the correct venue in a mortgage foreclosure where the foreclosure is voluntarily discontinued by the plaintiff who then elects to proceed to enforce only the obligations contained in the secured promissory note and guarantees of the note. The trial court denied a motion to dismiss or to transfer based upon improper venue, and MML appeals the non-final order. We have jurisdiction pursuant to rule 9.130(a)(3)(A), Florida Rules of Appellate Procedure.

The…