Gross v. Franklin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that a rule 1.140 motion to. dismiss for improper venue “is, in. effect, a motion to transfer.”
• decisions and commentaries under federal rule of civil procedure are persuasive guidelines to interpretation of state rules closely patterned thereon
• no waiver \where separate motions raising [Florida] Rule [of Civil Procedure] 1.140(b) defenses are filed before hearing is held on any such motion.\
• “Where the challenge [to venue] is by a motion to dismiss, transfer is the more appropriate remedy.”
• “Where the challenge is by a motion to dismiss, transfer is the more appropriate remedy.”
• failure to raise an available defense constitutes a waiver for purposes of appeal

Source: CourtListener parenthetical corpus (CC0).