TOTAL HEALTH ASSOCIATES, LLC A/A/O MICHELINE CINEUS
v.
GEICO GENERAL INSURANCE COMPANY

Fla. 4th DCA | 2021-07-14
No. 21-1580
Withey
Florida District Court of Appeal, Fourth District (2021)

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Holding

A county 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 grounds.


Headnotes

[1] A county court may not sua sponte transfer venue absent a showing that the plaintiff's chosen venue is improper or that transfer is warranted on forum non conveniens grou…

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Facts & Procedural History

Three consolidated cases involved medical providers suing insurance companies. In each case, the county court sua sponte entered orders transferring v…

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Opinion of the Court

Consolidated appeal of nonfinal orders from the County Court for the Seventeenth Judicial Circuit, Broward County; John D. Fry, Judge; L.T. Case Nos. CONO20-14419, CONO20-014099 and CONO20-014238 (70).

Chad A. Barr of Chad Barr Law, Altamonte Springs, for appellants. Michael C. Clarke of Kubicki Draper, P.A., Tampa, for appellees. PER CURIAM.

In these three consolidated cases, the county court 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 orders in all three cases 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 that these cases are controlled by our recent decision in Advanced Diagnostic. Accordingly, we reverse and remand for further proceedings.

Reversed and remanded. WARNER, DAMOORGIAN and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.


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