State, Department of Transportation v. Gulf-Atlantic Constructors, Inc.

Appellant, the Department of Transportation (DOT), appeals an interlocutory order transferring venue of its third-party complaint against appellees, Escambia County Utilities Authority (ECUA), the City of Pensacola, and BellSouth, from Leon to Escam-bia County, based upon ECUA and the City’s home-venue privileges.1 DOT contends that ECUA waived its opportunity to assert this privilege, that the City waived the privilege in its charter, and that the trial court abused its discretion in transferring venue. We conclude that the lower court properly transferred the case as to the City, but erred…