HUGH KUNSELMAN, ET AL, APPELLANT,
v.
OFFICES OF GOVERNOR, THE HONORABLE RICK SCOTT, ET AL, APPELLEE
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Court reversed a sua sponte venue transfer because the trial court failed to provide notice and opportunity to be heard before transferring the action, requiring remand for proper proceedings.
A trial court errs when it transfers venue sua sponte without providing the parties notice and an opportunity to be heard.
[1] A trial court must provide notice and an opportunity to be heard before transferring venue, even when acting sua sponte to transfer to a venue that may ultimately be prop…
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Join FLexlaw to unlock all legal intelligence“It is error for a trial court to transfer venue without providing the parties with appropriate notice and an opportunity to be heard.”
Court cited Government Employees Insurance Co. v. Burns for the principle that sua sponte venue transfers require procedural due process.
Inmates incarcerated in the Third Judicial Circuit filed a civil complaint against the Governor in his official capacity in Columbia County Circuit Co…
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Hugh Kunselman and other inmates incarcerated within the Third Judicial Circuit (“Appellants”) filed a complaint in chancery in the Columbia County Circuit Court against “Offices of Governor, the Honorable Rick Scott, et al.” The court sua sponte issued an order transferring the action to the Leon County Circuit Court. The court reasoned that the Appellants had filed a civil complaint against the Governor in his official capacity, and, as such, venue for the action was properly in Leon County where the Governor’s principal headquarters are located.
However, the court transferred the action without giving Appellants notice and an opportunity to respond. As Appellees concede, the court did so in error. See Gov’t Emps. Ins. Co. v. Burns, 672 So.2d 834, 835 (Fla. 3d DCA 1996) (“It is error for a trial court to transfer venue without providing the parties with appropriate notice and an opportunity to be heard.”); Hewitt Contracting Co., Inc. v. Joyner Elec., Inc., 616 So.2d 190, 190 (Fla. 5th DCA 1993) (holding that lower court’s sua sponte venue transfer violated due process because parties did not receive notice of court’s intention prior to the transfer). As such, reversal is required so Appellants may have the opportunity to contest the trial court’s venue transfer. See Hewitt, 616 So.2d at 191 (“On remand a change of venue to Leon County may be proper; however, that issue can be decided only after both parties receive appropriate notice and an opportunity to be heard.”).
REVERSED and REMANDED for further proceedings.
PADOVANO, CLARK and MARSTILLER, JJ., concur.
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Hall v. Animals.com, L.L.C., 171 So. 3d 216 (Fla. 5th DCA 2015)…erred to Miami-Dade County. This “issue can be decided only after both parties receive appropriate notice and an opportunity to be heard.” Hewitt Contracting Co. v. Joyner Elec., Inc., 616 So. 2d 190, 191 (Fla. 5th DCA 1993); see Kunselman v. Scott, 162 So. 3d 243, 243 (Fla. 1st DCA 2015); Ground Improvement Techniques, Inc. v. Merchants Bonding Co., 707 So. 2d 1138, 1139 (Fla. 5th DCA 1998); Gov’t Emps. Ins. Co. v. Burns, 672 So. 2d 834, 835 (Fla. 3d DCA 1996). Because Animals did not file a motion to transf…
Authorities Cited
- Gov't Emps. Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996)
- City OF Melbourne v. Puma, 616 So. 2d 190 (Fla. 5th DCA 1993)
- Gorman Leroy Suits v. State, 616 So. 2d 190 (Fla. 5th DCA 1993)