Duhaime v. Duhaime

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED GUY J. DUHAIME, Appellant, v. Case No. 5D13-1055 BRENDA DUHAIME AND CECILE STEWART, Appellee. ________________________________/ Opinion filed August 30, 2013 Appeal from the Circuit Court for Hernando County, Lisa D. Herndon, Judge. Guy J. Duhaime, Wewahitchka, pro se. No Appearance for Appellee. PER CURIAM. Guy J. Duhaime appeals the dismissal of his civil action against his siblings, Brenda Duhaime and Cecile Stewart. Mr. Duhaime sued his siblings in Hernando County, claiming that they cheated him out of an inheritance. The trial court dismissed the claim, finding that venue was improper and that a similar lawsuit had previously been filed and dismissed in Polk County. We reverse. If venue is improper, transfer, rather than dismissal is the proper remedy. Kinetiks.Com, Inc. v. Sweeney, 789 So. 2d 1221, 1222 (Fla. 1st DCA 2001). The preclusive effect of the Polk County case, if any, should be determined by the transferee court as the record contains nothing about the earlier case other than a vague reference to its existence. REVERSED and REMANDED. SAWAYA, ORFINGER and LAWSON, JJ., concur. 2

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