Opinion
No. 76-335.
January 25, 1977.
An Appeal from Circuit Court, Monroe County; William Lamar Rose, Judge.
Joseph T. Robinson, Miami, for appellant.
Preddy, Haddad, Kutner, Hardy Josephs and Michael J. Parenti, III, Miami, for appellee.
Before HENDRY, C.J., NATHAN, J., and DREW, E. HARRIS (Ret.), Associate Judge.
This appeal questions the correctness of a summary final judgment entered in favor of appellee in a malpractice action arising out of a doctor-patient relationship. Appellant's second point charges that the court erred in denying appellant's motion to transfer the cause from Monroe County to Dade County contrary to a signed stipulation by the parties.
Upon careful consideration of the record on appeal, briefs and arguments of counsel we have concluded that the appellee-defendant has conclusively established the absence of a genuine issue of material fact and that he was entitled to a summary judgment as a matter of law.
We further hold that the trial judge did not abuse his discretion in refusing to transfer the cause to Dade County.
Affirmed.