Podd v. Becker
Florida District Court of Appeal
728 So. 2d 1234 (1999)
- Written by Liz Nakamura, JD
Facts
Patti Becker (plaintiff) filed a tort action against Ann Podd (defendant) for defamation, intentional infliction of emotional distress, and invasion of privacy. Podd filed a notice of appearance and a motion for an extension of her time to respond to Becker’s complaint (motion for an extension), which the court granted. Podd subsequently filed a motion to dismiss for improper venue. Becker conceded that venue was improper; however, Becker argued that Podd had waived her right to raise a venue objection by failing to object to Becker’s choice of venue in either the notice of appearance or the motion for an extension. The trial court agreed and denied Podd’s motion to dismiss. Podd appealed, arguing that her right to raise a venue objection was not waived because she timely raised it in conjunction with her motion to dismiss.
Rule of Law
Issue
Holding and Reasoning (Cope, J.)
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