WESTSHORE GLASS CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
HACK INDUSTRIES, INC., A FLORIDA CORPORATION, APPELLEE
RYDER, Acting Chief Judge.
There was no sworn evidence — neither affidavits nor testimony — before the trial court upon which it could base an order to transfer venue to Dade County.
The election of venue is initially with the plaintiffs. Assuming the complaint does not affirmatively show that venue is lacking, the burden of pleading and proving improper venue is upon the defendants. The allegations of the unsworn motion to dismiss or to transfer were never established by sworn proof before the trial court. We reverse.
Magee v. Liberty Mutual Insurance Co., 366 So. 2d 827 (Fla. 4th DCA 1979). The Magee case was followed by this court in Davis v. Florida Power Corp., 492 So. 2d 829 (Fla. 2d DCA 1986). It appears from the affidavit of appellant’s president that venue is proper in Hillsborough County. The trial court’s order transferring venue to Dade County is reversed and set aside and the cause is remanded for further proceedings in Hillsborough County.
CAMPBELL and THREADGILL, JJ., concur.
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Booker v. Booker, 636 So. 2d 796 (Fla. 1st DCA 1994)…e moving defendant who must “meet the burden of showing there is another convenient forum.” British-American Insurance Company, Ltd. v. Cladakis, 321 So. 2d 448, 449 (Fla. 3d DCA 1975). See also West Shore Glass Corporation v. Hack Industries, Inc., 522 So. 2d 1046 (Fla. 2d DCA 1988) (trial court cannot transfer venue where there is no sworn evidence- — neither affidavits nor testimony— upon which it could base its order). The issue of transferring or dismissing a cause on grounds of forum non conveniens trad…
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State v. Lindquist, 698 So. 2d 299 (Fla. 2d DCA 1997)…omplaints. It is sufficient that their complaints state valid causes of action. Moreover, the state has the burden of proving that venue should be transferred by presenting evidence to the trial court. See Westskore Glass Corp. v. Hack Indus., Inc., 522 So. 2d 1046 (Fla. 2d DCA 1988) (“Assuming the complaint does not' affirmatively show that venue is lacking, the burden of pleading and proving improper venue is upon the defendants.”) (quoting Magee v. Liberty Mut. Ins. Co., 366 So. 2d 827 (Fla. 4th DCA 1979));…
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John and Sharon Breen v. Huntley Jiffy Stores, Inc., 610 So. 2d 29 (Fla. 2d DCA 1992)…not require affidavits or sworn proof to effect a change of venue, this court has consistently required defendants to produce affidavits or other sworn proof in order to overcome a plaintiff's venue choice. Westshore Glass Corp. v. Hack Ind., Inc., 522 So. 2d 1046 (Fla. 2d DCA 1988); Davis v. Florida Power Corp., 492 So. 2d 829 (Fla. 2d DCA 1986); Velez v. Mell D. Leonard & Assocs., 338 So. 2d 896 (Fla. 2d DCA 1976). The record here, submitted in accord with Florida Rule of Appellate Procedure 9.220, contai…
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- Magee v. Liberty Mut. Ins. Co., 366 So. 2d 827 (Fla. 4th DCA 1979)
- Davis v. Fla. Power Corp., 492 So. 2d 829 (Fla. 2d DCA 1986)