BANYAN TREATMENT AND RECOVERY, LLC
v.
EMAN BASS
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A trial court does not abuse its discretion in denying a motion to transfer venue on grounds of convenience when the motion lacks supporting affidavits or sworn proof.
[1] A motion to transfer venue based on convenience must be supported by affidavits or other sworn proof; absent such support, transfer is improper.
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Join FLexlaw to unlock all legal intelligence“A transfer of venue based on convenience is improper where no affidavits or other sworn proof support the motion.”
Graham v. Graham citation regarding requirements for venue transfer motions
Banyan Treatment and Recovery entities appealed a nonfinal order from the Circuit Court for Broward County. The trial court denied appellants' motion …
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Appeal of a nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey Levenson, Judge; L.T. Case No. CACE23-16861.
Thomas E. Jablonski and Jennifer Thomas of Hall Booth Smith, P.C., West Palm Beach, for appellants.
Scott L. Henratty of Morgan & Morgan, P.A., Plantation, and Thomas E. Bosworth of Bosworth Law, LLC, Philadelphia, PA, for appellee. PER CURIAM.
Affirmed. See Fla. R. Civ P 1.061(a) (“The decision to grant or deny the motion for dismissal rests in the sound discretion of the trial court.”); Cortez v. Palace Resorts, Inc., 123 So. 3d 1085, 1096 (Fla. 2013) (“[E]xcept where the plaintiff is from another country, the presumption in favor of the plaintiff’s initial choice of forum is always entitled to great deference.”); Graham v. Graham, 648 So. 2d 814, 815–16 (Fla. 4th DCA 1995) (“A transfer of venue based on convenience is improper where no affidavits or other sworn proof support the motion.”).
Affirmed. KLINGENSMITH, C.J., WARNER and ARTAU, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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Citator
Authorities Cited
- Shahla M. Rabie Cortez v. Palace Resorts, Inc., 123 So. 3d 1085 (Fla. 2013)
- Graham v. Graham, 648 So. 2d 814 (Fla. 4th DCA 1995)