PIPER AIRCRAFT CORPORATION, APPELLANT,
v.
GRETHEL T. ASHLING, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM H. ASHLING, DECEASED, APPELLEE
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Piper Aircraft Corporation appealed an order temporarily transferring venue from Indian River County back to Dade County to reconsider a pending motion for rehearing on an earlier venue transfer. The court dismissed the appeal for lack of jurisdiction, holding that temporary transfer orders are not appealable and that final venue orders provide the proper vehicle for appellate review.
The appellate court lacks jurisdiction to review the temporary transfer order. Venue orders are only appealable when they are final determinations concerning venue; temporary transfer orders for procedural purposes are not appealable. Certiorari is also unavailable because no irreparable harm results from the temporary transfer.
[1] An order temporarily transferring a cause of action to another county solely for the purpose of reconsidering a pending motion is not an appealable non-final order.
[2] An order concerning venue is appealable under Rule 9.130(a)(3)(A), Florida Rules of Appellate Procedure.
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Join FLexlaw to unlock all legal intelligence“The order which ultimately will be entered in Dade County will be appealable as one concerning venue. If that order returns the cause to Indian River County and if a motion for change of venue is subsequently filed in that court, the resulting order will be one concerning venue. In either event we will have jurisdiction because of Rule 9.130(a)(3)(A), Florida Rules of Appellate Procedure.”
Establishes that only final venue orders are appealable, not temporary procedural transfer orders
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Join FLexlaw to unlock all legal intelligenceAshling filed suit against Piper Aircraft Corporation in Dade County, serving the defendant through its registered agent. Piper moved to transfer venu…
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HERSEY, Judge.
Appellee, Ashling, filed suit against Piper Aircraft Corporation in Dade County. The summons and complaint were served through a corporate agent Piper Aircraft had appointed as registered agent for service of process. A motion for transfer of venue to Indian River County on the basis that the movant, Piper Aircraft Corporation, had no office or agent in Dade County, was granted. A motion for rehearing was filed but never acted upon.
Approximately a year later appellee filed in the Indian River County proceedings a motion for change of venue to Dade County in reliance on Vellanti v. Piper Aircraft Corp., 394 So. 2d 1063 (Fla.3d DCA 1981). That case held that venue was appropriately laid in the county where the foreign corporation had an agent designated to accept service of process on its behalf. The trial court in Indian River County transferred the cause back to Dade County for the limited purpose of allowing that court to rule on the pending motion for rehearing.
The order of temporary transfer is the subject of this appeal. We have determined that we are without jurisdiction to entertain the appeal. The order which ultimately will be entered in Dade County will be appealable as one concerning venue. If that order returns the cause to Indian River County and if a motion for change of venue is subsequently filed in that court, the resulting order will be one concerning venue. In either event we will have jurisdiction because of Rule 9.130(a)(3)(A), Florida Rules of Appellate Procedure. As much cannot be said for the present order which is simply a temporary transfer to allow a motion to be reconsidered.
We are asked, in the alternative, to treat these proceedings as Certiorari. We may not do so. If the trial court in Dade County simply denies rehearing or, after rehearing, reaffirms its original action, not only does appellant/petitioner not suffer irreparable harm, it suffers no harm at all. Furthermore, if an order is entered which might prejudice appellant/petitioner, the remedy of appeal from a non-final order is immediately available, as we have previously indicated.
For these reasons we determine that we are without jurisdiction to proceed and this appeal is therefore dismissed.
APPEAL DISMISSED.
GLICKSTEIN and HURLEY, JJ., concur.