COMMODORE REALTY, INC., APPELLANT,
v.
CLASSIC CARPET & TILE, INC., ET AL., APPELLEES

Fla. 3d DCA | 2003-04-30
No. 3D02-2635
Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ.
843 So. 2d 359 Florida District Court of Appeal, Third District (2003) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court abused its discretion by granting the defendants’ motion to transfer venue, pursuant to section 47.122, Florida Statutes (2001), where the defendants failed to meet their burden of establishing “before the trial court that either substantial inconvenience or undue expense requires a change for the convenience of the parties or witnesses.” Safety Nat’l Cas. Corp. v. Florida Mun. Ins. Trust, 818 So. 2d 612, 613 (Fla. 5th DCA 2002). Therefore, we reverse the order transferring venue. See Wimauma Produce, Inc. v. William P. Hearn Produce Co., 775 So. 2d 1011 (Fla. 3d DCA 2001).

Reversed and remanded.


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Citator

Cited By

  • Garcia v. Garcia, 958 So. 2d 947 (Fla. 3d DCA 2007)
    …hether or not to transfer venue for the convenience of the parties under an abuse of discretion standard. Blackhawk Quarry Co. v. Hewitt Contracting Co., 931 So. 2d 197, 199 (Fla. 5th DCA 2006); Commodore Realty, Inc. v. Classic Carpet & Tile, Inc., 843 So. 2d 359 (Fla. 3d DCA 2003). However, because the Appellant failed to provide this Court with a transcript of the hearing [*949] below, the record presented to us is inadequate to demonstrate whether the trial court abused its discretion in denying the motio…
  • Santoro v. PJT Holdings, LLC (Fla. 3d DCA 2025)

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