Mason v. Homes by Whitaker, Inc.

971 So.2d 1029 (2008)

John MASON, Appellant,

v.

HOMES BY WHITAKER, INC., Appellee.

No. 5D07-3297.

District Court of Appeal of Florida, Fifth District.

January 11, 2008.

Robert A. Lash, of Moody, Salzman & Lash, Gainesville, for Appellant.

Garry D. Adel, of Blanchard, Merriam, Adel & Kirkland, P.A., Ocala, for Appellee.

John Mason appeals the denial of his motion to transfer venue of his breach of contract case to consolidate that action with a lien foreclosure action involving the same parties and the same property. On the facts presented here, we agree that the trial court erred in refusing to…