TOWER IMAGING, LLC A/A/O ANTHONY MACALUSO
v.
USAA CASUALTY INSURANCE COMPANY
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A trial court may not sua sponte transfer an action for improper venue without a showing that plaintiff's chosen venue was improper or that transfer was appropriate on forum non conveniens grounds.
[1] A trial court may not sua sponte transfer an action based on improper venue without a showing that the plaintiff's chosen venue was improper or without a motion grounded…
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Join FLexlaw to unlock all legal intelligenceTower Imaging, LLC brought an action in Broward County, and the trial court sua sponte entered an order transferring venue without any showing of impr…
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PER CURIAM.
The trial court sua sponte entered an order transferring venue without any showing that plaintiff’s 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 Cas. Ins. Co., Case 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 response and reply, we conclude that these cases are controlled by our recent decision in Advanced Diagnostics and Jones v. Sayer, 313 So. 3d 126 (Fla. 4th DCA 2021) (holding that a court may not sua sponte transfer an action for improper venue).
Accordingly, we reverse and remand for further proceedings. Reversed and remanded. CONNER, C.J., KLINGENSMITH and ARTAU, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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