GATTON v. FIRST FEDERAL SAVINGS BANK OF FLORIDA (2006)

District Court of Appeal of Florida,First District.

Charles J. GATTON and Beverly E. Gatton; and Contemporary Management, Inc., a Florida Corporation, Appellants, v. FIRST FEDERAL SAVINGS BANK OF FLORIDA, Appellee.

No. 1D05-5244.

Decided: March 27, 2006

Brent G. Siegel and W. Charles Hughes of Brent G. Siegel, P.A., Gainesville, for Appellants. Andrew J. Decker, IV, and Andrew J. Decker, III, Live Oak, for Appellee.

We reverse the trial court's order denying the appellants' renewed motion to transfer venue. Proper venue lies either in Alachua County (as appellants' county of residence or principal place of business), or in Columbia County (as the place where the action accrued because the promissory note provided for payment to be made at appellee's Lake City offices). See §§ 47.011, .051, Fla. Stat. (2004); Carter v. Fleming, 567 So.2d 535 (Fla. 1st DCA 1990). Because venue does not lie in Suwannee County, the trial court erred in denying appellants' motion for change of venue. Accordingly, we reverse and remand for further proceedings consistent herewith.

REVERSED and REMANDED.

PER CURIAM.

WEBSTER, DAVIS and LEWIS, JJ., concur.

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