FOSTER MARINE CONTRACTORS, INC., APPELLANT,
v.
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, APPELLEE
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PER CURIAM.
This is an appeal from a non-final order of the trial judge denying a motion to transfer venue under section 47.122, Florida Statutes (forum non conveniens). The trial court should be affirmed. Notwithstanding appellant’s affidavit which purports to show a great number of witnesses who reside in St. Lucie County, the county to which appellant sought transfer, the record fails to disclose that appellant met the burden in the lower court by showing the subject matter of the various witnesses’ testimony (to wit: the quality of the testimony versus the quantity of the testimony). While some of the witnesses’ testimony could be surmised from the job description (i.e., assistant fire marshal), the record does not disclose that there was such a showing so as to affirmatively demonstrate that the trial judge abused his discretion. Hu v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983).
DOWNEY, GUNTHER and POLEN, JJ., concur.
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Gov't Emps. Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996)…DCA 1988); Singer v. Krevoy, 457 So. 2d 590 (Fla. 3d DCA 1984); Bassett v. Talquin Elec. Coop., Inc., 362 So. 2d 357 (Fla. 1st DCA 1978), cert. denied, 368 So. 2d 1374 (Fla.1979); see Foster Marine Contractors, Inc. v. Southern Bell Tel. & Tel. Co., 541 So. 2d 114 (Fla. 4th DCA 1989) (requiring trial court to review quality of supporting evidence as well as quantity of affidavits showing out-of-county contacts). In addition to the requirement of supportive record evidence, the parties must also have sufficie…
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Fla. E. Coast Ry. Co. v. McRAE, 545 So. 2d 380 (Fla. 4th DCA 1989)…PER CURIAM. Affirmed upon authority of Foster Marine Contractors, Inc. v. Southern Bell Telephone & Telegraph Company, 541 So. 2d 114 (Fla. 4th DCA 1989), and Hu v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983). DOWNEY, ANSTEAD and GLICKSTEIN, JJ., concur.…
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R.C. Storage ONE, Inc. v. Strand Realty, Inc., 714 So. 2d 634 (Fla. 4th DCA 1998)…o Palm Beach County. The affidavits failed to disclose any information as to the necessity, relevance or significance of the evidence to be presented by these witnesses. In Foster Marine Contractors, Inc. v. Southern Bell Telephone & Telegraph Co., 541 So. 2d 114 (Fla. 4th DCA 1989), this court affirmed the trial court’s denial of a motion to transfer venue under section 47.122, due to the defendant’s failure to meet its burden of demonstrating the inconvenience. There, [*636] as here, the movant failed to d…
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- Stephen C.S. HU v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983)