PSHS ALPHA PARTNERS, LTD., ETC.
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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When a court finds forum non conveniens, it must transfer the action to another appropriate court rather than dismiss it entirely.
[1] When a court determines that an action is brought in an inconvenient forum, it must transfer the action to another appropriate court of record rather than dismiss it enti…
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Join FLexlaw to unlock all legal intelligence“For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought.”
The court cited Florida Statute § 47.122 (2021) to support the requirement that transfer, not dismissal, is the proper remedy.
PSHS Alpha Partners, Ltd. d/b/a Lake Worth Surgical Center appealed a county court order dismissing its action against State Farm Mutual Automobile In…
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PER CURIAM.
PSHS Alpha Partners, Ltd. d/b/a Lake Worth Surgical Center a/a/o Tiara Stovall appeals a July 19, 2021 order entered by the county court that dismissed, on grounds of forum non conveniens, lower court case number 20-18259SP. State Farm Mutual Automobile Insurance Company properly and commendably confesses error, conceding that the trial court should have transferred, rather than dismissed, the action.1 We, therefore, reverse the July 19, 2021 order and remand for further proceedings in this matter. Reversed and remanded.