INA CHIQUITA STEWART, APPELLANT,
v.
DOUGLAS EARL COLEMAN, APPELLEE
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Florida appellate court affirmed venue transfer from Liberty County to Leon County in paternity suit, holding that although the mother's initial venue selection under Fla. Stat. § 742.021 was proper, the trial court had discretionary power under § 47.122 to transfer venue for convenience and judicial efficiency.
Although a mother's initial venue selection in a paternity action is statutorily protected, a trial court may transfer venue under § 47.122 for the convenience of parties and witnesses and in the interest of justice.
[1] A mother's statutory right to select venue in a paternity action under Fla. …
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Join FLexlaw to unlock all legal intelligenceA mother filed a paternity suit in Liberty County, where she resided. The alleged father sought to transfer venue to Leon County, where other litigati…
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ROBERT P. SMITH, Chief Judge.
We affirm the circuit court’s order changing the venue of this paternity suit from Liberty County, where the plaintiff mother filed the action, to Leon County. By virtue of Section 742.021, Florida Statutes (1979), plaintiff was entitled to select venue as between “the county in which the woman resides or the county in which the alleged father resides.” Because venue was properly laid in Liberty County, where the mother lived at the time of filing, the defendant father was not entitled as of right to venue in Leon County, notwithstanding that other litigation affecting another child of the parties was already pending there. But for the convenience of the parties or witnesses and in the interest of justice, the court was empowered to change venue, Section 47.122, and here the court did so to consolidate the related litigation and because both parties resided, at the time of the transfer, in Leon County. That Section 742.021 grants the woman the initial choice of venue in paternity proceedings does not compromise the court’s power, in these as in other civil cases, to change venue upon a proper showing. See Paulet v. Hickey, 206 So. 2d 29, 30 (Fla.2d DCA 1968).
AFFIRMED.
McCORD and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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J.L.S. v. R.J.L. & State of Fla., 708 So. 2d 293 (Fla. 2d DCA 1998)…1979). Still, upon a sufficient showing, the circuit court is empowered to transfer the case to another proper venue for the convenience of the parties or witnesses, or in the interest of justice. See § 47.122, Fla. Stat. (1995); Stewart v. Coleman, 413 So. 2d 93 (Fla. 1st DCA 1982). Whether to order a venue change on those grounds is a matter within the sound discretion of the court. When making that determination, the court must give due deference to the plaintiffs forum selection; while it is not the par…
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Mann v. Yeatts, 111 So. 3d 934 (Fla. 5th DCA 2013)…discretion to transfer the action to Hillsborough County “in the interest of justice.” First, the trial court never made such a ruling. Second, Yeatts made no motion on this basis and no evidence was offered. The majority cites Stewart v. Coleman, 413 So. 2d 93 (Fla. 1st DCA 1982), for the unremarkable proposition that venue may be changed for the convenience of the parties or witnesses or in the interest of justice. That is what section 47.122 says; but as Stewart points out, venue can only be changed und…1 / 2
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Baumann v. Cmty. Villas P'rs, Ltd., 517 So. 2d 794 (Fla. 3d DCA 1988)…showing was sufficient to sustain the trial court’s decision to transfer the venue of this cause “in the interest of justice” under Section 47.-122, Florida Statutes (1985) so as to have related cases tried in the same forum. See Stewart v. Coleman, 413 So. 2d 93 (Fla. 1st DCA 1982). Affirmed.…
Authorities Cited
- Paulet v. Hickey, 206 So. 2d 30 (Fla. 2d DCA 1968)