Duhaime v. Duhaime, 5D13–1055.

• Decision Date: 30 August 2013
• Docket Number: No. 5D13–1055.,5D13–1055.
• Citation: 119 So.3d 1267
• Parties: Guy J. DUHAIME, Appellant, v. Brenda DUHAIME and Cecile Stewart, Appellee.
• Court: Florida District Court of Appeals

119 So.3d 1267

Guy J. DUHAIME, Appellant,

v.Brenda DUHAIME and Cecile Stewart, Appellee.

No. 5D13–1055.

District Court of Appeal of Florida, Fifth District.

Aug. 30, 2013.

Appeal from the Circuit Court for Hernando County, Lisa D. Herndon, Judge.

Guy J. Duhaime, Wewahitchka, pro se.

No Appearance for Appellee.

PER CURIAM.

Guy J. Duhaime appeals the dismissal of his civil action against his siblings, Brenda Duhaime and Cecile Stewart. Mr. Duhaime sued his siblings in Hernando County, claiming that they cheated him out of an inheritance. The trial court dismissed the claim, finding that venue was improper and that a similar lawsuit had previously been filed and dismissed in Polk County. We reverse.

If venue is improper, transfer, rather than dismissal is the proper remedy. Kinetiks.Com, Inc. v. Sweeney, 789 So.2d 1221, 1222 (Fla. 1st DCA 2001). The preclusive effect of the Polk County case, if any, should be determined by the transferee court as the record contains nothing about the earlier case other than a vague reference to its existence.

REVERSED and REMANDED.

SAWAYA, ORFINGER and LAWSON, JJ., concur.