PROGRESSIVE EXPRESS INSURANCE COMPANY
v.
PHILIP C. BELIDOR AND LECRYSTAL JADE CLAY
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A defendant challenging venue bears the burden of proving that trial in the county where the action was filed would work substantial inconvenience to the defendant and witnesses.
[1] A defendant challenging venue bears the burden of proving that trial in the county where the action was filed would work substantial inconvenience to the defendant and wi…
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Join FLexlaw to unlock all legal intelligence“The plaintiff's venue choice is presumptively correct, and a defendant bears the burden to prove that a trial in the county in which the action was filed would work a substantial inconvenience to it, and to witnesses.”
Court's statement of the legal standard for venue challenges, citing R.C. Storage One, Inc. v. Strand Realty, Inc.
Progressive Express Insurance Company appealed a nonfinal order regarding venue in a case filed in Broward County against Philip C. Belidor and LeChys…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
PROGRESSIVE EXPRESS INSURANCE COMPANY, Appellant,
v.
PHILIP C. BELIDOR and LECRYSTAL JADE CLAY, Appellees.
No. 4D18-3372
[ August 7, 2019 ]
Appeal of nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Mily Rodriguez Powell, Judge; L.T. Case No. CACE-18-004832-03.
Nancy A. Copperthwaite and Marcy Levine Aldrich of Akerman LLP, Miami, and Tracy T. Segal of Akerman LLP, West Palm Beach, for appellant.
Kenneth D. Cooper, Fort Lauderdale, for appellee Philip C. Belidor.
PER CURIAM.
Affirmed. See R.C. Storage One, Inc. v. Strand Realty, Inc., 714 So. 2d 634, 635 (Fla. 4th DCA 1998) (noting that “[t]he plaintiff’s venue choice is presumptively correct, and a defendant bears the burden to prove that a trial in the county in which the action was filed would work a substantial inconvenience to it, and to witnesses” and affirming a venue determination where the defendant’s “affidavits failed to disclose any information as to the necessity, relevance or significance of the evidence to be presented by these witnesses”).
TAYLOR, CIKLIN and FORST, JJ., concur.
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