ADVANCED PHYSICAL MEDICINE & REHAB OF MIAMI, LLC A/A/O DAWSON STIFF
v.
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY

Fla. 4th DCA | 2022-03-16
No. 21-3234
Jaeger
Florida District Court of Appeal, Fourth District (2022)

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Holding

A trial 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 trial 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 groun…

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Facts & Procedural History

The trial court transferred venue in this action brought by an assignee healthcare provider against an insurance company. No party contested the propr…

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Opinion of the Court

PER CURIAM.

The trial court sua sponte transferred 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 Appellee to show cause why this case is not controlled by Advanced Diagnostic Group v. Ocean Harbor Casualty Insurance Co., 321 So. 3d 772, 773 (Fla. 4th DCA 2021), where this Court recently reversed a group of similar orders. Appellee concedes that reversal is required.

Accordingly, we reverse the order transferring venue and remand for further proceedings.

Reversed and remanded. GROSS, LEVINE and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.


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