PSHS ALPHA PARTNERS, LTD D/B/A LAKE WORTH SURGICAL CENTER A/A/O MAGUY DERONVIL
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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In consolidated appeals, the Fourth District Court of Appeal reversed multiple nonfinal trial court orders that sua sponte transferred venue without proper legal justification. The court held that these cases were controlled by the precedent in Advanced Diagnostic Group v. Ocean Harbor Casualty Insurance Co., which had recently established that trial courts cannot transfer venue without showing impropriety of the plaintiff's chosen venue or proper grounds for forum non conveniens.
Trial courts may not sua sponte enter orders transferring venue without demonstrating that the plaintiff's chosen venue is improper or that grounds for forum non conveniens transfer exist. The court's prior decision in Advanced Diagnostic Group controls these consolidated cases, requiring reversal of the transfer orders.
[1] Trial courts lack authority to sua sponte transfer venue absent a showing that the plaintiff's chosen venue was improper or that transfer was appropriate on forum non con…
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Join FLexlaw to unlock all legal intelligenceMultiple trial court judges in Broward County entered orders transferring venue in various civil cases without any demonstrated showing that the plain…
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Consolidated appeals of nonfinal orders from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Louis H. Schiff and Ellen Feld, Judges; L.T. Case Nos. CONO20-000355, CACE20-21699, COWE19-000444, COWE20-014578, COWE20-16201, COWE20-019111, and COWE20-16948.
4D21-575 Chad A. Barr of Chad A. Barr Law, Altamonte Springs, for appellant. Nancy W. Gregoire of Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale, and Deborah H. Braile, Jeffrey L. Baer, and Andrea M. Drawas of Goldstein Law Group, Fort Lauderdale, for appellee.
4D21-1405
4D21-1408
4D21-1409
Carri S. Leininger of Williams, Leininger & Cosby, P.A., North Palm Beach, for appellee.
4D21-1443
4D21-1505
___________________ PER CURIAM.
In these consolidated cases, the trial courts 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 an order 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 these cases are controlled by Advanced Diagnostic. Accordingly, we reverse and remand for further proceedings.
Reversed and remanded. CONNER, C.J., MAY and DAMOORGIAN, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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