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Old 03-05-2008, 11:36 AM
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Join Date: Mar 2008
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Venue

What is the name of your state? Florida

A lawsuit was filed against me in the wrong venue. In my response I stated such. Over a year went by with no activity. I filed a motion for dismissal based on no activity for a year and wrong venue. The case subsequently was transferred to the proper venue. I found this out by searching online. I have not been notified of the change of venue personally. My question is should I be notified personally of the change, and does the sol continue to toll based on the fact the lawsuit was filed in the wrong venue?
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Old 03-05-2008, 12:10 PM
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Join Date: Mar 2006
Posts: 6,673
Venue is proceedural. The statute of limitations is unaffected by an error in venue, so yes, it is tolled. Notification should come from the court because, in reality, you made a motion for a change of venue (by your "response") and the court agreed. So, although errors may have been made, they are irrelevant to the suit. Continue your defense.
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