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It is RECOMMENDED that this case be transferred to the United States District Court for the Middle District of Florida, Orlando Division, for all further proceedings.

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The Court concludes that the proper course is to convert the motion to dismiss to a motion for summary judgment so that both parties have the opportunity to present the relevant facts.

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The Clerk is DIRECTED to TRANSFER this case to the United States District Court for the Northern District of Florida and CLOSE the Fort Myers file.

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Count One and Count Three of the Amended Complaint are DISMISSED.

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The undersigned recommends that the motion be denied.

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The Clerk shall terminate all pending motions and deadlines and shall close the file. Before you take ownership of the property, you need to make sure the seller really has moved out and left things in the condition you agreed to.

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