Smith v. Morgan Carratt & O'Conner, P.A., 97-3363

• Decision Date: 28 January 1998
• Docket Number: No. 97-3363,97-3363
• Parties: 23 Fla. L. Weekly D340 Marci SMITH, Appellant, v. MORGAN CARRATT & O'CONNER, P.A., Appellee.
• Court: Florida District Court of Appeals

Page 1

710 So.2d 1

23 Fla. L. Weekly D340

Marci SMITH, Appellant, v. MORGAN CARRATT & O'CONNER, P.A., Appellee.

No. 97-3363.

District Court of Appeal of Florida,

Fourth District.

Jan. 28, 1998.

Rehearing Denied March 27, 1998.

Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Patti Englander Henning, Judge; L.T. Case No. 97-10380(03).

Richard J. Fowler of Fowler & Fowler, P.A., Key West, for appellant.

Harry G. Carratt of Morgan, Carratt and O'Connor, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

Appellant appeals a non-final order of the Broward County circuit court denying her motion to continue and motion to dismiss or transfer venue of an action against her on a promissory note. Because it appears that the trial court afforded her no opportunity to present evidence to support her allegations--which, if true, would have established that venue was proper in Monroe County and not in Broward County--we reverse and remand for the trial court to conduct an evidentiary hearing on that issue. See Cameron v. Smith New Court, Inc., 608 So.2d 923 (Fla. 3d DCA 1992).

POLEN and STEVENSON, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.