5D04-330 Bauman v. Rayburn

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-330

Case Date: 08/02/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004

JAMES L. BAUMAN and PROSPERITY FINANCIAL, etc., Appellants, v. Case No. 5D04-330 SUE M. RAYBURN, Appellee. / Opinion filed August 6, 2004 Non-Final Appeal from the Circuit Court for Orange County, Jay Paul Cohen, Judge. Eric W. Ludwig of Eric W. Ludwig, P.A., Altamonte Springs, for Appellants. Martin Cordell of Mel Pearlman, P.A., Fern Park, for Appellee. TORPY, J. Appellants challenge the denial of their motions to transfer venue from Orange County to Lake County in this suit seeking money damages and the imposition of a constructive trust on real estate located in Lake County. We affirm. The complaint alleges that Bauman, while acting in a fiduciary capacity as accountant and financial advisor to Appellee, purloined her money and used it to purchase property in Lake County, which he then had titled in the name of Prosperity Financial Services, Inc., a corporation wholly owned by Bauman. Appellee alleges that these acts by Appellants

constituted fraud and breach of fiduciary duty. Bauman concedes that he is a resident of Orange County; therefore, venue is proper as to him.

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