RICHARD WHITEHEAD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIE WHITEHEAD, DECEASED, APPELLANT,
v.
NATIONAL CRANE CORPORATION, APPELLEE

Fla. 3d DCA | 1985-04-02
No. 84-2779
Before HENDRY, BASKIN and DANIEL S. PEARSON, JJ.
466 So. 2d 412 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm upon a holding that a motion for change of venue based upon forum non-conveniens, unlike a motion challenging improper venue, need not be made within the time limits set forth under Rule 1.140, Florida Rules of Civil Procedure. Gross v. Franklin, 387 So. 2d 1046, 1049 n. 7 (Fla. 3d DCA 1980). See § 47.-122, Fla.Stat. (1983). Thus, the trial court did not abuse its discretion in transferring the action to Monroe County where most of the witnesses to the decedent’s accident reside. See Hu v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983); Hughes Supply, Inc. v. Pearl, 403 So. 2d 614 (Fla. 4th DCA 1981); Peterson, Howell & Heather v. O’Neill, 314 So. 2d 808 (Fla. 3d DCA 1975).

Affirmed.


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Citator

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  • Gov't Emps. Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996)
    …ike a motion challenging improper venue, we note that a motion challenging venue based upon forum non conveniens need not be made within the time limits set forth under Rule 1.140, Florida Rules of Civil Procedure. Whitehead v. National Crane Corp., 466 So. 2d 412 (Fla. 3d DCA 1985); Gross v. Franklin, 387 So. 2d at 1046. . We do not overlook that Section 47.122 closely patterns federal statute 28 U.S.C. § 1404(a). Section 1404(a) has been interpreted as permitting a federal district court to sua sponte tran…
  • Animal Rights Found. OF Fla., Inc. v. Siegel, 867 So. 2d 451 (Fla. 5th DCA 2004)
    …f the other protestors said that Mr. Siegel or his company abused animals? A. No Q. Is that something that ARE has instructed its people to say? A. No. . See Demby v. English, 667 So. 2d 350, 355 (Fla. 1st DCA 1995); Rodriguez v. Ram Sys., Inc., 466 So. 2d 412 (Fla. 3d DCA 1985).…
  • Sondra Stamen v. Justine Stamen Arrillaga, 169 So. 3d 1209 (Fla. 4th DCA 2015)
    …rgue forum- non conveniens as grounds for dismissal. Improper venue (which was pled) and forum non conve-niens are distinct legal objections and a party’s pleading of one does not inherently raise the other. See, e.g. Whitehead v. Nat’l Crane Corp., 466 So. 2d 412, 413 (Fla. 3d DCA 1985). It is true that “[a] trial court may sua sponte raise the question of whether venue should be transferred to another county ... for the convenience of parties or witnesses or in the interest of justice.” McDaniel Reserve Rea…

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