Opinion
Case No. 4D00-0873.
Opinion filed June 28, 2000.
Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John A. Miller, Judge; L.T. Case No. CACE99-020281(07).
Bonita Kneeland Brown, and Jeffrey M. Paskert of Fowler, White, Gillen, Boggs, Villareal Banker, P.A., Tampa, for appellant.
No appearance for appellees.
GUNTHER, KLEIN and GROSS, JJ., concur.
Appellants challenge a non-final order of the Broward County Circuit Court granting appellees motion to transfer venue to St. Lucie County. We reverse and remand for further proceedings in accordance with Smith v. Morgan, Carratt Connor, 710 So.2d 1 (Fla. 4th DCA 1998), and Cameron v. Smith New Cort, Inc., 608 So.2d 923 (Fla. 3d DCA 1992).
On the day of the hearing the court advisedappellants to file affidavits to oppose appellees' motion and affidavit. Appellants had witnesses present, but because the matter was not set for an evidentiary hearing, the court was not in a position to accept their testimony. We remand the case for further proceedings as the court ruled on the motion the day after the hearing and before appellants filed the affidavits.