ALPHONSE DELLA-DONNA, APPELLANT,
v.
GORE NEWSPAPER COMPANY, A DELAWARE CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA; AND HAMILTON C. FORMAN, APPELLEES
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A lawyer sued a newspaper publisher and radio commentator for defamation in Dade County. The trial court transferred the case to Broward County under Florida's forum non conveniens statute, and the appellate court affirmed, finding no abuse of discretion since Broward County was where all parties resided and the alleged wrongs occurred.
The court affirmed the transfer, finding no abuse of discretion. Because Broward County was where all parties resided, where the alleged wrongs were committed, and where the predominant adverse impact occurred, the transfer was appropriate under section 47.122, Florida Statutes.
[1] Venue is properly laid in a county where the cause of action accrued, even if the defendant resides elsewhere.
[2] A trial court does not abuse its discretion in transferring a case to another county under the forum non conveniens statute when all parties reside there, the alleged wro…
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Join FLexlaw to unlock all legal intelligence“Since Broward is where all the parties reside, where the alleged wrongs were committed, and where the predominant adverse impact of those wrongs took place, we find no abuse of discretion in that ruling.”
Establishes the court's standard for evaluating forum non conveniens transfers—considering where parties reside and where the cause of action accrued.
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Join FLexlaw to unlock all legal intelligenceAlphonse Della-Donna, a lawyer practicing in Broward County, brought a defamation action against Gore Newspaper Company (publisher of the Fort Lauderd…
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SCHWARTZ, Judge.
The plaintiff-appellant, a lawyer who lives and practices in Broward County, brought a defamation action against the publisher of the Fort Lauderdale News and a commentator on a Fort Lauderdale radio station. Since some copies of the News circulated, and the station’s range extended into Dade County, venue was initially properly laid here, as one of the counties in which the cause of action accrued.
First-america Development Corp. v. Daytona Beach News-Journal Corp., 196 So. 2d 97 (Fla.1966).
In the order on appeal,1 however, the trial court transferred the case to Broward County under the forum non con-veniens statute. Sec. 47.122, Fla.Stat. (1979).
Since Broward is where all the parties reside, where the alleged wrongs were committed, and where the predominant adverse impact of those wrongs took place, we find no abuse of discretion in that ruling. Kelly-Springfield Tire Co. v. Moore, 355 So. 2d 451 (Fla. 3d DCA 1978); Hertz Corp. v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976); Peterson, Howell & Heather v. O'Neill, 314 So. 2d 808 (Fla. 3d DCA 1975); England v. Cook, 256 So. 2d 403 (Fla. 3d DCA 1972); see, McMichael v. Harris, 127 Fla. 861, 174 So. 323 (1937); Gaboury v. Flagler Hospital, Inc., 316 So. 2d 642 (Fla. 4th DCA 1975); Florida East Coast R. Co. v. Hardee, 167 So. 2d 68 (Fla. 3d DCA 1964); compare, Houchins v. Florida East Coast R. Co., 388 So. 2d 1287 (Fla. 3d DCA 1980) (Case no. 80-390, opinion filed, September 30, 1980); Bassett v. Talquin Electric Cooperative, Inc., 362 So. 2d 357 (Fla. 1st DCA 1978), cert. denied, 368 So. 2d 1374 (Fla.1979).2 “In sum, this is a [Broward County] case,”3 which belongs in Broward County.
Affirmed.
. Fla.R.App.P. 9.130(a)(3)(A).
. We read the Bassett opinion as one which simply determines that the movant failed to make the required showing that a transfer was appropriate “for the convenience of the parties or witnesses or in the interest of justice.” § 47.122. If, however, it holds that § 47.122 may not be utilized to deprive the plaintiff of his choice of forum if the transferor and transferee counties are adjacent and are connected by convenient means of transportation, we simply disagree with that conclusion. Banachowski v. Atlantic Refining Co., 84 F.Supp. 444 (S.D.N.Y.1949) (“[I]f we were to so hold residents of Jersey City, Hoboken and neighbour-ing cities would all find it more convenient to sue in this court [in Manhattan] instead of in the District Court of New Jersey.”) Accord, Haase v. Mallenkrodt, Inc., 415 F.Supp. 889 (S.D.N.Y.1976) (transfer from Manhattan to Jersey City appropriate); Bridgeman v. Bradshaw, 405 F.Supp. 1004 (D.S.C.1975).
. Leinberger v. Webster, 66 F.R.D. 28, 35 (E.D.N.Y.1975).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Burger King Corp. v. Koeppel, 564 So. 2d 209 (Fla. 3d DCA 1990)…5 (Fla. 1st DCA 1983); Hughes Supply, Inc. v. Pearl, 403 So. 2d 614 (Fla. 4th DCA 1981); Hertz Corp. v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976); see Braun v. Stafford, 529 So. 2d 735 (Fla. 4th DCA 1988); see also Della-Donna v. Gore Newspaper Co., 390 So. 2d 87 (Fla. 3d DCA 1980); Kelly-Springfield Tire Co. v. Moore, 355 So. 2d 451 (Fla. 3d DCA 1978). In the instant case, inasmuch as the death occurred in Broward County, the plaintiff and twenty of the twenty-one witnesses reside in Broward County, and al…1 / 2
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Levy v. Hawk's CAY, Inc., 505 So. 2d 24 (Fla. 3d DCA 1987)…aised by the plaintiffs/appellants, but we conclude that none can carry the day in demonstrating a gross abuse of discretion. See Sun Bank of Ocala v. International Harvester Co., 408 So. 2d 661 (Fla. 3d DCA 1981); Della-Donna v. Gore Newspaper Co., 390 So. 2d 87 (Fla. 3d DCA 1980), pet. for review denied, 399 So. 2d 1141 (Fla.1981); Kelly-Springfield Tire Co. v. Moore, 355 So. 2d 451 (Fla. 3d DCA 1978); Peterson, Howell & Heather v. O’Neill, 314 So. 2d 808 (Fla. 3d DCA 1975). Affirmed.…
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Barry S. Mankowitz, M.D. v. Staub, 553 So. 2d 1299 (Fla. 3d DCA 1989)…ans reside in Dade County is not sufficient to defeat Monroe County venue. See Inter-American Sunbelt Corp. v. Borozny, 512 So. 2d 287 (Fla. 3d DCA 1987); Levy v. Hawk’s Cay, Inc., 505 So. 2d 24 (Fla. 3d DCA 1987); Della-Donna v. Gore Newspaper Co., 390 So. 2d 87 (Fla. 3d DCA 1980), review denied, 399 So. 2d 1141 (Fla.1981). Accordingly, we reverse the non-final orders under review and remand the cause for further proceedings not inconsistent with this opinion. Reversed and remanded with directions to tr…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Gaboury v. Flagler Hosp., Inc., 316 So. 2d 642 (Fla. 4th DCA 1975)
- Coleman P. Houchins, Jr. v. Fla. E. Coast Ry. Co., 388 So. 2d 1287 (Fla. 3d DCA 1980)
- Peterson v. O'Neill, 314 So. 2d 808 (Fla. 3d DCA 1975)
- The Kelly-Springfield Tire Co. v. Noreene Moore, 355 So. 2d 451 (Fla. 3d DCA 1978)
- McMichael v. Harris, 127 Fla. 861 (Fla. 1937)
- Bassett v. Talquin Elec. Coop., Inc., 362 So. 2d 357 (Fla. 1st DCA 1978)
- Firstamerica Dev. Corp. v. Daytona Beach News-Journal Corp., 196 So. 2d 97 (Fla. 1966)
- 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)
- England v. Cook, 256 So. 2d 401 (Fla. 3d DCA 1972)