MOTION TO CHANGE VENUE

May 18, 2023

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: __

Respectfully submitted,

/s/Merrilee Zawadzki
Merrilee Zawadzki
101 S. Union Street, Ste. 106
Plymouth, MI 48170
Respectfully submitted,
/s/Joseph Mabe
Joseph Mabe
174 SW Colesbury Avenue
Port St. Lucie, FL 34953

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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