MOTION TO CHANGE VENUE

IN   THE   CIRCUIT   COUT   FOR   THE 

                                                                           SEVENTEENTH JUDICIAL CIRCUIT IN 

                                                                           AND    FOR     BROWARD      COUNTY,

                                                                          FLORIDA

 

                                                                           CASE NO: CACE -21-021315 Division 3

 

BEHAR, GUTT, & GLAZER, PA.,

a Florida professional association,

 

            Plaintiff,

                 v.

 

JOSEPH MABE and

MERRILEE ZAWADZKI

 

           Defendant(s)

 

__________________________________________

 

MOTION TO CHANGE VENUE

Now Comes the Defendants, JOSEPH MABE and MERRILEE ZAWADZKI, and request that this Court enter an Order changing the venue from Broward County to the Port Saint Lucie County, Florida or Palm Beach County, Florida, and as grounds thereof states: 

  1. Pursuant to Fla. Stat. §47.011, “[a]ctions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents.”(Emphasis added).
  2. The Villa Bankruptcy case involved the Villas of Windmill Point II Property Owners Association, Inc., which is located in Port St Lucie County, Florida, and was litigated before the U.S. Bankruptcy Court for the Southern District of Florida, West Palm Beach Division. Besides, one defendant lives in Port St Lucie County and both the properties owned by the Defendants herein are in Port St. Lucie County.
  3. For the foregoing reasons, this matter should have been filed in Port Saint Lucie County, Florida or Palm Beach County, Florida.

 

WHEREFORE, these premises considered, Defendants move this court to enter an order transferring the entire court file in Broward County to either the Port Saint Lucie County, Florida or Palm Beach County, Florida.

 

Dated: ____________

 

CERTIFICATE OF SERVICE

 

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via the indicated method on this ______ day of January, 2022 on the following parties:

 

Via  Florida E-portal

BEHAR, GUTT & GLAZER, P.A.

IRA GUTT, ESQ.

STACEY L. GLADDING, ESQ.

DCOTA A-350

1855 GRIFFIN ROAD

FORT LAUDERDALE, FL 33004

E-mail: collections@bgglaw.com

igutt@bgglaw.com

sgladding@bgglaw.com

 

/s/Merrilee Zawadzki

 

/s/Joseph Mabe

 

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