MIAMI SURGICAL CENTER, INC. A/A/O PEDRO PEREZ
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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This case consolidates several appeals where trial courts sua sponte transferred venue without proper grounds. The appellate court reversed these transfers, citing a prior similar ruling.
Yes, the trial courts erred by transferring venue without proper justification. The appellate court held that such transfers are improper without a showing that the chosen venue is incorrect or that transfer is warranted on forum non conveniens grounds.
[1] A trial court may not sua sponte transfer venue without a showing that the plaintiff's chosen venue is improper or that transfer is appropriate on forum non conveniens gr…
[2] Orders transferring venue sua sponte, without a proper showing, are reversible.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In these consolidated cases, the trial courts sua sponte entered orders transferring venue without any showing that plaintiffs’ chosen venue was improper or that transfer was appropriate on forum non conveniens grounds.”
This quote establishes the core issue and factual basis for the appeal.
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Join FLexlaw to unlock all legal intelligenceIn multiple consolidated cases, the trial courts independently ordered venue transfers. The appellate court noted that there was no indication that th…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
LIVE YOUNG, PLLC d/b/a LIVE YOUNG CHIROPRACTIC,
Appellant,
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
No. 4D21-575 _______________________
MIAMI SURGICAL CENTER, INC. a/a/o PEDRO PEREZ
Appellant,
4D21-1405, ______________________
PSHS ALPHA PARTNERS, LTD d/b/a LAKE WORTH SURGICAL CENTER a/a/o MAGUY DERONVIL
Appellant,
4D21-1408 ______________________
JUPITER OUTPATIENT SURGERY CENTER, LLC a/a/o LAKENDRA POTTS Appellant,
4D21-1409 _____________________
PSHS ALPHA PARTNERS, LTD d/b/a LAKE WORTH SURGICAL CENTER a/a/o BRENDA BOSLEY
Appellant,
4D21-1443 _______________________
PARK PLACE SURGERY CENTER, LLC a/a/o JOHNNY SOLER
Appellant,
4D21-1505 _______________________
[July 14, 2021]
Consolidated appeals of nonfinal orders from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Louis H. Schiff and Ellen Feld, Judges; L.T. Case Nos. CONO20-000355, CACE20-21699, COWE19-000444, COWE20-014578, COWE20-16201, COWE20-019111, and COWE20-16948.
4D21-575
Chad A. Barr of Chad A. Barr Law, Altamonte Springs, for appellant. Nancy W. Gregoire of Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale, and Deborah H. Braile, Jeffrey L. Baer, and Andrea M. Drawas of Goldstein Law Group, Fort Lauderdale, for appellee.
4D21-1405
4D21-1408
4D21-1409
Carri S. Leininger of Williams, Leininger & Cosby, P.A., North Palm Beach, for appellee.
4D21-1443
4D21-1505
___________________ PER CURIAM.
In these consolidated cases, the trial courts sua sponte entered orders transferring venue without any showing that plaintiffs’ chosen venue was improper or that transfer was appropriate on forum non conveniens grounds. We issued an order directing the parties to show cause why these cases are not controlled by Advanced Diagnostic Group v. Ocean Harbor Casualty Insurance Co., No. 4D21-458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021), where this Court recently reversed a group of similar orders. Having considered the responses and replies, we conclude these cases are controlled by Advanced Diagnostic. Accordingly, we reverse and remand for further proceedings.
Reversed and remanded. CONNER, C.J., MAY and DAMOORGIAN, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.