HUGHES SUPPLY, INC., APPELLANT,
v.
JOEL PEARL, AND DOES I-X, APPELLEES
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Hughes Supply appealed the trial court's denial of its motion to change venue from St. Lucie County to Orange County under Florida's forum non conveniens statute. The court reversed, finding that St. Lucie County had only minimal contacts with the dispute while Orange County had substantial contacts, warranting the transfer.
Yes, the trial court abused its discretion by denying the venue change motion. The record constituted a clear showing that St. Lucie County is a forum non conveniens and the motion should have been granted, requiring transfer of the case to Orange County.
[1] A motion for change of venue pursuant to Florida's forum non-conveniens statute is addressed to the sound judicial discretion of the trial court.
[2] The exercise of a trial court's discretion in ruling on a motion for change of venue will not be disturbed on appeal except upon a clear showing of abuse.
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Join FLexlaw to unlock all legal intelligence“A motion for change of venue pursuant to the statute is addressed to the sound judicial discretion of the trial court and the exercise of that discretion will not be disturbed except upon a clear showing of abuse.”
Establishes the standard of review for venue change motions under the forum non conveniens statute.
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Join FLexlaw to unlock all legal intelligenceJoel Pearl filed suit against Hughes Supply and its agents in St. Lucie County circuit court alleging tortious interference with business relations be…
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HERSEY, Judge.
This is an appeal seeking review of a non-final order denying a motion for change of venue, filed pursuant to Section 47.122, Florida Statutes (1979), Florida’s forum non-conveniens statute. The complaint, filed by appellee Joel Pearl, alleges that appellant and ten of its agents and employees tortiously interfered with the business relationship between Pearl and Progress Lighting Fixtures. The suit was instituted in the circuit court of St. Lucie County and appellant’s motion for a change of venue to Orange County was denied.
The record reveals that neither the appellant nor the appellee, Joel Pearl, reside in St. Lucie County. Appellee is a resident of Martin County and appellant corporation has its principal place of business in Orange County. Although not specifically pled, all allegations indicate that the cause of action arose in Orange County. All of appellant’s officers, directors, employees and agents who were involved with Progress Lighting Fixtures work in Orange County and live in or about the Orlando, Orange County area. Appellant’s documents and business records pertaining to transactions and contacts with Progress Lighting are located in Orange County. The only connection with St. Lucie County is that appellant has an office there; however, that office is not involved in the subject matter of the litigation.
A motion for change of venue pursuant to the statute is addressed to the sound judicial discretion of the trial court and the exercise of that discretion will not be disturbed except upon a clear showing of abuse. Hertz Corporation v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976); Florida Power & Light Company v. Troutman, 396 So. 2d 743 (Fla. 4th DCA 1981). In view of the minimal contacts between the parties and the cause of action and St. Lucie County, compared with the substantial contacts with Orange County, we believe that the record constitutes a clear showing that St. Lucie County is a forum non-conveniens so that the relief sought should have been granted.
We reverse and remand the case with instructions to transfer the cause to the circuit court of Orange County, Florida.
REVERSED AND REMANDED WITH DIRECTIONS.
LETTS, C. J., and BERANEK, J., concur.
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Stephen C.S. HU v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983)…the venue of a trial should be changed is one within the sound discretion of the trial court, and absent a demonstration of an abuse of that discretion, the lower court’s determination will not be overturned on appeal. Hughes Supply, Inc. v. Pearl, 403 So. 2d 614, 615 (Fla. 3d DCA 1981); Bassett, at 359; Gaboury v. Flagler Hospital, Inc., 316 So. 2d 642, 645 (Fla. 4th DCA 1975). We note with interest one court’s relatively recent observations: The decision on choice of venue is ordinarily a matter within th…1 / 2
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Burger King Corp. v. Koeppel, 564 So. 2d 209 (Fla. 3d DCA 1990)…ichael v. Harris, 127 Fla. 861, 174 So. 323 (Fla.1937); Florida Patient’s Compensation Fund v. Florida Physicians’ Ins. Reciprocal, 507 So. 2d 778 (Fla. 3d DCA 1987); Hu v. Crockett, 426 So. 2d 1275 (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. Moo…1 / 2
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Torres v. Torres, 561 So. 2d 1310 (Fla. 3d DCA 1990)…y transferring the modification proceeding under the facts of this case. There is no merit in this argument. Florida Patient’s Compensation Fund v. Florida Physicians’ Ins. Reciprocal, 507 So. 2d 778 (Fla. 3d DCA 1987); Hughes Supply, Inc. v. Pearl, 403 So. 2d 614 (Fla. 4th DCA 1981); Spalding v. Von Zamft, 180 So. 2d 208 (Fla. 3d DCA 1965). Affirmed. . Section 47.122 provides: Change of venue; convenience of parties or witnesses or in the interest of justice.— For the convenience of the parties or witness…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- 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)
- Fort Pierce Hotel, Inc. v. Riverhouse Corp., 396 So. 2d 743 (Fla. 4th DCA 1981)