TINWOOD, N.V., APPELLANT,
v.
ROBERT O. FIGUEREDO, ET AL., APPELLEES
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PER CURIAM.
Tinwood, N.V., a co-defendant below, appeals from an order transferring a cross-claim it brought against co-defendants, Figueredo and others, to the Orange County Circuit Court. We reverse on the authority of the rule established in Becker, Poliakoff & Streitfeld v. Sachs, 404 So. 2d 1127 (Fla. 3d DCA 1981); Zuckerman-Vernon Corp. v. Zelikoff, 303 So. 2d 391 (Fla. 3d DCA 1974); and McCue v. Lane, 228 So. 2d 101 (Fla. 3d DCA 1969), that a trial court simply lacks the authority, whether on grounds of convenience or otherwise, to excise and transfer only a portion of a pending action to another jurisdiction. We do not agree with the appellees that the applicability of this principle is affected by the court’s prior transfer of another completely severable third party action by Tin-wood against others who, by definition, were not original parties.
We caution that this decision does not pass upon the substantive or procedural propriety of the cross-claim itself. Furthermore, it does not concern a transfer of the entire case to Orange County under the forum non conveniens doctrine, § 47.122, Fla.Stat. (1987), although it may be said that such a transfer seems eminently appropriate under the circumstances.
Reversed.
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The Bared & Co., Inc. v. Hughes Supply, Inc., 549 So. 2d 1157 (Fla. 3d DCA 1989)…PER CURIAM. This case is controlled by Tinwood, N. V. v. Figueredo, 523 So. 2d 179 (Fla. 3d DCA 1988), where we held that a trial court lacks authority to transfer only a portion of a pending action to another jurisdiction. Reversed and remanded.…
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Jose Ramon Gonzalez P. v. Hazim, 562 So. 2d 850 (Fla. 3d DCA 1990)…PER CURIAM. We find no abuse of discretion in the trial court’s refusal to dismiss a cross-claim under the forum non conveniens doctrine embodied in section 47.122, Florida Statutes (1989). See Tinwood, N. V. v. Figueredo, 523 So. 2d 179 (Fla. 3d DCA 1988); Torres v. Torres, 561 So. 2d 1310 (Fla. 3d DCA 1990). Affirmed.…
Authorities Cited
- McCUE v. Lane, 228 So. 2d 101 (Fla. 3d DCA 1969)
- Zuckerman-Vernon Corp. v. Murray Zelikoff, 303 So. 2d 391 (Fla. 3d DCA 1974)
- Becker, Poliakoff & Streitfeld, P.A. v. Sachs, 404 So. 2d 1127 (Fla. 3d DCA 1981)