ALLEN SINGER, MARTIN MANSON, AND FACTORY OUTLET SOUTH, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
STEVEN KREVOY AND ROGER LOUGHNEY, APPELLEES
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The court held that a motion for change of venue requires the defendant to plead and prove facts demonstrating improper venue, which was not done here.
Defendants filed an unsworn motion to change venue without presenting evidence or affidavits. The plaintiffs complaint did not affirmatively show that…
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PER CURIAM.
By this interlocutory appeal, we are asked to review the propriety of a non-final order changing the venue of this cause. We have jurisdiction to entertain this appeal. Art. V, § 4(b)(1), Fla. Const.; Fla.R. App.P. 9.130(a)(3)(A).
Our review of the record reveals that the defendants, Steven Krevoy and Roger Loughney, filed an unsworn motion below to change the venue of this cause. No affidavits were attached to the motion and no testimony or evidence was presented to the trial judge on the motion. The law is well-settled that on a motion for change of venue:
“The defendant has the burden of pleading and proving that the venue is improper in a lawsuit, assuming that the plaintiffs complaint does not affirmatively show that the venue is lacking. This burden can only be satisfied by pleading and proving facts before the trial court which will defeat the venue as laid. Permenter v. Bank of Green Cove Springs, 136 So. 2d 377 (Fla. 1st DCA 1962); Florida Forms, Inc. v. Barkett Computer Services, Inc., 311 So. 2d 730 (Fla. 4th DCA 1975).”
Davis v. Dempsey, 343 So. 2d 950, 952 (Fla. 3d DCA 1977). The complaint in this case does not affirmatively show that venue is lacking in Dade County under Section 47.-011, Florida Statutes (1983), and the defendant failed to plead or prove any facts which would defeat such venue. Under the established law, the defendant’s motion for change of venue should have been denied.
The order under review is reversed and the cause is remanded for further proceedings.
Reversed and remanded.
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Gov't Emps. Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996)…order a transfer. Graham v. Graham, 648 So. 2d 814 (Fla. 4th DCA 1995); Breen v. Huntley Jiffy Stores, Inc., 610 So. 2d 29 (Fla. 2d DCA 1992); 5740 Hollywood Boulevard, Ltd. v. Orange Leaf, Inc., 518 So. 2d 969 (Fla. 3d DCA 1988); Singer v. Krevoy, 457 So. 2d 590 (Fla. 3d DCA 1984); Bassett v. Talquin Elec. Coop., Inc., 362 So. 2d 357 (Fla. 1st DCA 1978), cert. denied, 368 So. 2d 1374 (Fla.1979); see Foster Marine Contractors, Inc. v. Southern Bell Tel. & Tel. Co., 541 So. 2d 114 (Fla. 4th DCA 1989) (requiri…
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5740 Hollywood Boulevard, Ltd. v. Orange Leaf, Inc., 518 So. 2d 969 (Fla. 3d DCA 1988)…RIAM. On a record which contains no evidence supporting a transfer of venue pursuant to forum non conveniens or any other basis, the trial court erred in transferring venue from Dade to Broward County. We accordingly reverse. See Singer v. Krevoy, 457 So. 2d 590 (Fla. 3d DCA 1984); Orange Blossom Enters., Inc. v. Brumlik, 430 So. 2d 13 (Fla. 5th DCA 1983); Itel-Pas, Inc. v. Jones, 389 So. 2d 1085 (Fla. 3d DCA 1980). Reversed.…
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
- Davis v. Dempsey, 343 So. 2d 950 (Fla. 3d DCA 1977)
- Permenter v. Bank OF Green Cove Springs, 136 So. 2d 377 (Fla. 1st DCA 1962)
- Fla. Forms, Inc. v. Barkett Computer Servs., Inc., 311 So. 2d 730 (Fla. 4th DCA 1975)