STANLEY J. BAUMANN, APPELLANT,
v.
COMMUNITY VILLAS PARTNERS, LTD., AND COMMUNITY INCOME PROPERTIES, INC., APPELLEES
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The court affirmed the trial court's transfer of venue from Dade County to Alachua County based on the existence of a related foreclosure action in Alachua County involving the same parties, which justified consolidation in the interest of justice.
A trial court may transfer venue in the interest of justice when certified court records establish that a related action involving the same parties is pending in another county and must be filed there as a local action.
[1] A trial court may transfer venue in the interest of justice under Fla. …
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Join FLexlaw to unlock all legal intelligenceBaumann appealed an order transferring venue of his action from Dade County circuit court to Alachua County circuit court. The trial court relied on c…
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PER CURIAM.
The order under review which transfers venue of this cause from the circuit court in Dade County to the circuit court in Ala-chua County is affirmed based on the following briefly stated legal analysis.
First, in support of the motion for change of venue, the trial court properly had before it certified copies of a complaint, answer, and counterclaim in a foreclosure action filed in the circuit court in Alachua County. § 90.902(4), Fla.Stat. (1985); M. Graham, Handbook on Florida Evidence (1987).
Second, the aforesaid certified court records establish that the Alachua foreclosure action, which must be filed in Ala-chua County as a local action, see Georgia Cas. Co. v. O’Donnell, 109 Fla. 290, 147 So. 267 (1933); Lakeland Ideal Farm & Drainage Dist. v. Mitchell, 97 Fla. 890, 122 So. 516 (1929); Cohen v. Century Ventures, Inc., 163 So. 2d 799, 801 (Fla. 2d DCA), cert. denied, 169 So. 2d 389 (Fla.1964), (a) involves the same parties as the instant action, and (b) constitutes litigation which is intimately related to the instant action.
Third, this aforesaid 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.
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The RED Carpet Corp. OF Panama City Beach v. Se. Banking Corp., 580 So. 2d 780 (Fla. 3d DCA 1991)…complaints reveals that the causes of action are interrelated and intertwined. In the interest of justice, the trial court properly determined that the related cases should be tried in the same forum. See Baumann v. Community Villas Partners, Ltd., 517 So. 2d 794 (Fla. 3d DCA 1988). Additionally, the defendants presented affidavits urging that Bay county is the most convenient forum for the parties and the witnesses. Therefore, the trial court was presented with substantial, competent evidence to support the…
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Univ. Square Apts., II, Ltd. v. Belcher, 530 So. 2d 507 (Fla. 3d DCA 1988)…PER CURIAM. Affirmed. Baumann v. Community Villas Partners Ltd., 517 So. 2d 794 (Fla. 3d DCA 1988).…
Authorities Cited
- Ga. Cas. Co. v. O'Donnell, 109 Fla. 290 (Fla. 1933)
- Lakeland Ideal Farm & Drainage Dist. v. Mitchell, 97 Fla. 890 (Fla. 1929)
- Cohen v. Century Ventures, Inc., 163 So. 2d 799 (Fla. 2d DCA 1964)
- State ex rel. Lauderdale v. Wilhelm, 169 So. 2d 389 (Fla. 1964)
- D & G Inc. v. Bankers Life & Cas. Co., 169 So. 2d 389 (Fla. 1964)
- Ina Chiquita Stewart v. Coleman, 413 So. 2d 93 (Fla. 1st DCA 1982)