MIRIAM BRAUN, APPELLANT,
v.
JANE E. STAFFORD, APPELLEE

Fla. 4th DCA | 1988-06-29
No. 88-0622
DELL and GUNTHER, JJ., concur.
529 So. 2d 735 Florida District Court of Appeal, Fourth District (1988) Positive Treatment
Cited by 9 cases

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Holding

The trial court abused its discretion in denying the motion to change venue.


Facts & Procedural History

The automobile collision occurred in Pinellas County, with responding emergency services and some injured parties also connected to Pinellas County. T…

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Opinion of the Court
HERSEY, Chief Judge.

HERSEY, Chief Judge.

Appellant, Miriam Braun, one of two defendants in a personal injury action, contends that the trial court abused its discretion in denying her motion, made pursuant to section 47.122, Florida Statutes (1987), to change venue from Broward County to Pi-nellas County. We agree and reverse.

The record indicates that the automobile collision giving rise to the lawsuit occurred in Pinellas County, the responding police officers and fire rescue team were from Pinellas County, the injured parties received some medical treatment in Pinellas County, and two passengers in the plaintiffs vehicle were residents of Pinellas County. The only connection which Bro-ward County has with the case is that the corporate defendant has an office there.

It is clear that Pinellas County is the most convenient forum for the witnesses in this case. Accordingly, here, as in Florida Power & Light Company v. Troutman, 396 So. 2d 743 (Fla. 4th DCA 1981), and Hertz Corporation v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976), we find that the trial court abused its discretion in denying the motion for change of venue. We therefore reverse and remand for further proceedings consistent herewith.

REVERSED AND REMANDED.

DELL and GUNTHER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Burger King Corp. v. Koeppel, 564 So. 2d 209 (Fla. 3d DCA 1990)
    …s. Reciprocal, 507 So. 2d 778 (Fla. 3d DCA 1987); Hu v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983); Hughes Supply, Inc. v. Pearl, 403 So. 2d 614 (Fla. 4th DCA 1981); Hertz Corp. v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976); see Braun v. Stafford, 529 So. 2d 735 (Fla. 4th DCA 1988); see also Della-Donna v. Gore Newspaper Co., 390 So. 2d 87 (Fla. 3d DCA 1980); Kelly-Springfield Tire Co. v. Moore, 355 So. 2d 451 (Fla. 3d DCA 1978). In the instant case, inasmuch as the death occurred in Broward County, the pl…
    1 / 2
  • AVIS Rent A CAR Sys., Inc. v. Broughton, 672 So. 2d 656 (Fla. 4th DCA 1996)
    …County is the fact that the corporate defendant has a registered agent in that county. We reverse the trial court’s denial of the motion to change venue pursuant to section 47.122, Florida Statutes (1995), under the authority of Braun v. Stafford, 529 So. 2d 735 (Fla. 4th DCA 1988); Hughes Supply, Inc. v. Pearl, 403 So. 2d 614 (Fla. 4th DCA 1981); Hertz Corp. v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976); Peterson, Howell & Heather v. O’Neill, 314 So. 2d 808 (Fla. 3d DCA 1975), all of which hold that the tri…
  • ATP Tour, Inc. v. Horst Skoff, 758 So. 2d 1226 (Fla. 4th DCA 2000)
    …venue where the only connection to the county in which the action is filed is that a non-resident corporation had an agent for service there. See, e.g., Avis Rent A Car Sys., Inc. v. Broughton, 672 So. 2d 656 (Fla. 4th DCA 1996); Braun v. Stafford, 529 So. 2d 735 (Fla. 4th DCA 1988); Hughes Supply, Inc. v. Pearl, 403 So. 2d 614 (Fla. 4th DCA 1981); Hertz Corp. v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976); Peterson, Howell & Heather v. O’Neill, 314 So. 2d 808 (Fla. 3d DCA 1975). As this court noted in Peterso…

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