Opinion
No. 90-1262.
September 12, 1990. Rehearing Denied October 12, 1990.
Appeal of non-final orders from the Circuit Court for Broward County; Patricia W. Cocalis, Judge.
Ronald E. Solomon of Solomon Murphy, P.A., Fort Lauderdale, for appellants.
John Beranek of Aurell, Radey, Hinkle Thomas, Tallahassee, and Krupnick, Campbell, Malone Roselli, Fort Lauderdale, for appellees.
Mary Jo Meives of Abrams, Anton, Robbins, Resnick Schneider, P.A., Hollywood, for appellee Tony Dean Evans.
Charles A. Hickman and Amira Services, Inc. appeal from two non-final orders denying their motions to dismiss for improper venue or in the alternative, motions to transfer. We affirm. Absent "palpable" abuse or a grossly "improvident" exercise of discretion, a trial court's granting or refusal of a motion for change in venue based on forum non conveniens will not be disturbed. See D.L. Thornton, M.D. v. DeBerry, 548 So.2d 1177 (Fla. 4th DCA 1989). We further find that appellants failed to timely assert the ground of joint residency venue privilege. Fla.R.Civ.P. 1.140(b) and (h).
AFFIRMED.
ANSTEAD, DELL and POLEN, JJ., concur.