TERESA HAMM, ET AL., APPELLANTS,
v.
AMBASSADOR INSURANCE COMPANY, ETC., ET AL., APPELLEES
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 appellate court affirmed the transfer of venue because the record was inadequate to demonstrate reversible error.
The circuit court granted defendants' motion to transfer venue. Appellants claimed venue was proper in Orange County, while appellees argued for trans…
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 Appellate Record Sufficiency cases and more on FLexlaw
FRANK D. UPCHURCH, Jr., Judge.
The circuit court granted appellees’ (defendants below) motion to transfer venue from Orange County to Flagler County. Appellees’ motion alleged that all the events in question arose in Flagler County. The basis for the circuit court’s decision is not specifically stated in the order. Appellants claim that venue was proper in Orange County as appellee Haas, Boehm maintained an office there. See §§ 47.011, 47.021 and 47.051, Fla.Stat. (1983). Appel-lees counter that the court actually transferred venue under the forum non conven-iens doctrine, section 47.122, Florida Statutes (1983), and hence while venue may have been proper in Orange County, Fla-gler County was preferable.
The order transferring venue does refer to section 47.122, Florida Statutes, the forum non conveniens statute. Under that doctrine, the burden is on the party seeking the change of venue to show substantial inconvenience or undue expense would result from a trial in the chosen forum. Houchins v. Florida East Coast Ry. Co., 388 So. 2d 1287 (Fla. ed DCA 1980); Ashland Oil, Inc. v. Florida Dept. of Transportation, 352 So. 2d 567 (Fla. 2d DCA 1977).
The problem here is that apparently no transcript of the hearing below on appel-lees’ motion was made and this court has no way of knowing what evidence was presented and whether the lower court abused its discretion in transferring venue under section 47.122. See Hu v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983); Hughes Supply, Inc. v. Pearl, 403 So. 2d 614 (Fla. 2d DCA 1981). Appellants have failed to supplement the record upon request with a transcript or a prepared statement of the proceedings as provided in Florida Rule of Appellate Procedure 9.200(b)(3). In the absence of an adequate record demonstrating reversible error, we are bound to affirm. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979).
AFFIRMED.
COBB, C.J., and ORFINGER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gov't Emps. Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996)…t, and in order to successfully challenge that selection, the burden is upon the defendant to show either substantial inconvenience or that undue expense requires a change for the convenience of the parties or witnesses. Hamm v. Ambassador Ins. Co., 456 So. 2d 966 (Fla. 5th DCA 1984); Hu v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983); Mann v. Goodyear Tire & Rubber Co., 300 So. 2d 666 (Fla. 3d DCA 1974). Requiring a defendant to meet the burden of showing there is a more convenient forum ensures the creati…
-
Vero v. Vero, 659 So. 2d 1348 (Fla. 5th DCA 1995)…y to transfer venue once it finds that another circuit is more convenient for the parties; however, the former wife had the burden to show substantial inconvenience or undue expense to establish a basis for the transfer. Hamm v. Ambassador Ins. Co., 456 So. 2d 966, 966-67 (Fla. 5th DCA 1984); see also Hu v. Crockett, 426 So. 2d 1275, 1278-79 (Fla. 1st DCA 1983). Here, the former wife presented no affidavits or testimony at the hearing on the issue. Although the former wife appeared by telephone, her counsel w…
-
Chong v. Peacock & Johnson, P.A., 486 So. 2d 711 (Fla. 5th DCA 1986)…PER CURIAM. AFFIRMED on the authority of Hamm v. Ambassador Ins. Co., 456 So. 2d 966 (Fla. 5th DCA 1984) and Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979). COBB, C.J., and DAUKSCH and OR-FINGER, JJ., concur.…
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
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Stephen C.S. HU v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983)
- Coleman P. Houchins, Jr. v. Fla. E. Coast Ry. Co., 388 So. 2d 1287 (Fla. 3d DCA 1980)
- Eldridge Lamar Parks v. State, 352 So. 2d 567 (Fla. 2d DCA 1977)
- Hughes Supply, Inc. v. Pearl, 403 So. 2d 614 (Fla. 4th DCA 1981)