GRAFCO REALTY, INC., A FLORIDA CORPORATION, APPELLANT,
v.
E. LLWYD ECCLESTONE, JR. ET AL., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court did not abuse its discretion in granting a motion for change of venue.
Plaintiff Grafco Realty, Inc. appealed an order granting a motion for change of venue from Broward to Palm Beach County. The record included the compl…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Change Of Venue cases and more on FLexlaw
PER CURIAM.
Appellant/plaintiff, Grafco Realty, Inc., takes this interlocutory appeal to challenge an order which granted a motion for change of venue and transferred the cause from Broward to Palm Beach County pursuant to Section 47.122, Florida Statutes (1979). We affirm.
Section 47.122, the change of venue statute, by its very language, reposes broad discretion in the trial court. Peterson, Howell & Heather v. O’Neill, 314 So. 2d 808 (Fla. 3d DCA 1975). Furthermore, we have consistently held that the exercise of the trial court’s discretion will not be disturbed except upon a clear showing of abuse. Hertz Corporation v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976); Gaboury v. Flagler Hospital, Inc., 316 So. 2d 642 (Fla. 4th DCA 1975).
We have carefully reviewed the record in this cause which consists of the complaint, two motions for change of venue and an affidavit in support thereof, and conclude that appellant has failed to demonstrate an abuse of discretion. Accordingly, the appealed order is AFFIRMED.
DOWNEY, BERANEK and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
M.M. v. Fla. Dep't OF Child. & Families, 189 So. 3d 134 (Fla. 2016)…context of an employer/carrier appeal of an award of temporary total disability benefits, an order was non-final and non-appealable because the court had retained jurisdiction to determine attorney’s fees); Fla. Farm Bureau Cas. Ins. Co. v. Fichero, 385 So. 2d 183, 184 (Fla. 4th DCA 1980) (order finding that appellee was entitled to attorney’s fees and retaining jurisdiction to determine amount at a later date was not a final judgment subject to plenary appeal, nor a non-final order subject to interlocutory a…
-
Grasland v. Taylor Woodrow Homes Ltd., 460 So. 2d 940 (Fla. 2d DCA 1984)…reserved jurisdiction to award attorney’s fees. Therefore, they argued that they had the right to raise all issues in their appeal from the May 2, 1984 judgment. Appellants rely primarily upon Florida Farm Bureau Casualty Insurance Co. v. Fichera, 385 So. 2d 183 (Fla. 4th DCA 1980), which seems to hold that a final judgment which reserves the right to set attorney’s fees is a nonfinal order and cannot be the subject of a plenary appeal. If so, the case would appear to conflict with that court’s earlier opin…
-
The Travelers Indem. Co. v. Hutchins, 489 So. 2d 208 (Fla. 2d DCA 1986)…ing similar arguments in Grasland v. Taylor Woodrow Homes, Ltd., 460 So. 2d 940 (Fla. 2d DCA 1984), petition for review denied, 471 So. 2d 43 (Fla.1985), we said: Appellants rely primarily upon Florida Farm Bureau Casualty Insurance Co. v. Fichera, 385 So. 2d 183 (Fla. 4th DCA 1980), which seems to hold that a final judgment which reserves the right to set attorney’s fees is a nonfinal order and cannot be the subject of a plenary appeal. If so, the case would appear to conflict with that court’s earlier opin…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gaboury v. Flagler Hosp., Inc., 316 So. 2d 642 (Fla. 4th DCA 1975)
- Peterson v. O'Neill, 314 So. 2d 808 (Fla. 3d DCA 1975)
- S.C. Ins. Co. v. Pasalodos, 326 So. 2d 216 (Fla. 4th DCA 1976)
- The HERTZ Corp. v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976)