Tulli v. Tulli

FULMER, Judge.

The defendant, Joseph Tulli, appeals from a nonfinal order denying his “Motion to Abate or Transfer for Improper Venue.” We reverse because Joseph Tulli was entitled to the venue transfer based on his uncontradicted affidavit.

In her unsworn complaint, filed in Sarasota County, the plaintiff, Palma Tulli, alleged that she was to receive a check “as a down payment on a real estate sale in Sarasota County,” and that Joseph Tulli “took possession” of the check and either forged her signature or otherwise caused it to be negotiated. Joseph Tulli filed an affidavit with his motion to…