4D09-570-Craddock v. Gary Rotella & Associates, P.A.

State: Florida

Court: Florida Southern District Court

Docket No: 4D09-570.op

Case Date: 12/23/2009

Plaintiff: 4D09-570-Craddock

Defendant: Gary Rotella & Associates, P.A.

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2009

STEPHEN J. CRADDOCK, SUCCESSOR TRUSTEE FOR THE TRUSTS OF BRITTANY HEFFERMEHL AND BIRGER HEFFERMEHL, MINOR GRANDCHILDREN OF DECEDENT, NANCY H. GRAYSON, Appellant, v. GARY J. ROTELLA & ASSOCIATES, P.A., a Florida Professional Association, BIRGER W. HEFFERMEHL, SR., FATHER AND NATURAL GUARDIAN OF MINOR CHILDREN, BRITTNAY HEFFERMEHL AND BIRGER HEFFERMEHL, INDIVIDUALLY AND KARL C. ANDERSON, ESQUIRE, Appellees. No. 4D09-570 [December 23, 2009] DAMOORGIAN, J. Stephen J. Craddock appeals the trial court's denial of his Motion to Transfer Venue from Broward County to Palm Beach County. We conclude that venue is legally proper in Broward County and that the trial judge did not abuse his discretion by denying Craddock's motion. See Host Marriott Tollroads, Inc. v. Petrol Enters., Inc., 810 So. 2d 1086, 1089-90 (Fla. 4th DCA 2002) (stating that an order on a motion to transfer venue is reviewed for abuse of discretion unless the order turns on a question of law, in which case the order is reviewed de novo). Affirmed. HAZOURI and CIKLIN, JJ., concur. * * *

Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Thomas M. Lynch IV, Judge; L.T. Case No. CACE 08-3129 (14). Alan M. Burger and Elizabeth Y. Davies of McDonald Hopkins LLC,

West Palm Beach, for appellant. Gary J. Rotella of Gary J. Rotella & Associates, P.A., Fort Lauderdale, for appellee, Gary J. Rotella & Associates, P.A. Not final until disposition of timely filed motion for rehearing.

-2-

Download 4D09-570.op.pdf