DCF v. School Board

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006 DEPARTMENT OF CHILDREN AND FAMILIES, ET AL., Appellant, v. Case No. 5D05-4400 SCHOOL BOARD OF OSCEOLA COUNTY, ET AL., Appellee. ________________________________/ Opinion filed August 11, 2006 Non Final Appeal from the Circuit Court for Osceola County, R. James Stroker, Judge. Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph H. Lee, Assistant Attorney General, Tampa, for Appellant. Usher L. Brown, Erin J. O'Leary and Joseph E. Blitch of Brown, Garganese, Weiss & D'Agresta, P.A., Orlando, for Appellee. PER CURIAM. The Department of Children and Family Services appeals the trial court s denial of its motion to change venue to Leon County in accordance with the home venue privilege. See Fla. Dep t of Children and Families v. Sun-Sentinel, Inc., 865 So. 2d 1278 (Fla. 2004). Because we conclude that the trial court properly applied the Sword Wielder exception to this privilege, we affirm the determination that venue is properly laid in Osceola County. See Fla. Pub. Serv. Comm n v. Triple A Enters., Inc., 387 So. 2d 940 (Fla. 1980); Nyberg v. Snover, 604 So. 2d 894 (Fla. 1st DCA 1992). AFFIRMED. THOMPSON, MONACO and EVANDER, JJ., concur. 2

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