Murphy Construction Co. v. Avatar Properties, Inc.

ON MOTION FOR REHEARING GRANTED

Upon review, the appellant The Murphy Construction Co.’s motion for rehearing is granted; the previous opinion of this court, filed January 8, 1985, is hereby withdrawn and the following revised opinion is substituted therefor.

The order under review, which denies the defendant The Murphy Construction Co.’s motion to dismiss for improper venue, is reversed upon a holding that the complaint and attached exhibit filed by plaintiff Avatar Properties, Inc., f/k/a GAC Properties, Inc. and the sworn affidavit attached to the motion to dismiss filed by the defendant The…