ELVIN TWIGG, APPELLANT,
v.
EVELYN WATT AND THE SALVATION ARMY, A GEORGIA CORPORATION, APPELLEES
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The trial court erred in denying the motion to transfer venue because proper venue was in Marion County, not Palm Beach County.
Plaintiff sued for personal injuries in Palm Beach County, but the accident occurred in Bradford County, and the corporate defendant and individual de…
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POLEN, Judge.
This is an appeal from an order denying appellant’s motion to transfer or alternatively to dismiss based on improper venue. Plaintiff Evelyn Watt sued for personal injuries in Palm Beach County. The accident occurred in Bradford County. It appears that the corporate defendant, The Salvation Army, had offices in both Palm Beach County and Marion County. The individual defendant, appellant Twigg, resides in Marion County.
Pursuant to section 47.021, Florida Statutes (1987), and Enfinger v. Baxley, 96 So. 2d 538 (Fla.1957), proper venue would be in Marion County. Accordingly, the trial court erred in denying appellant’s motion.
Although there is argument about whether Palm Beach County would be the more convenient forum for plaintiff in which to litigate [section 47.011, Florida Statutes (1987)], it does not appear that this argument was the basis of the court’s ruling. In any event, the record does not support a transfer of venue from Marion County (had the suit been properly filed there) to Palm Beach County based on forum non conveniens.
Reversed and remanded for further proceedings consistent with this opinion.
ANSTEAD and GLICKSTEIN, JJ., concur.
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Lifemark Hosps. OF Fla., Inc. v. Roque, 727 So. 2d 1077 (Fla. 4th DCA 1999)…that where multiple defendants have a common county of residence, venue is proper only in that county, even if one or more codefendants also reside in other counties. Sinclair Fund, Inc. v. Burton, 623 So. 2d 587 (Fla. 4th DCA 1993); Twigg v. Watt, 558 So. 2d 194 (Fla. 4th DCA 1990). Accord Inter-Medic Health Ctrs., Inc. v. Murphy, 400 So. 2d 206 (Fla. 1st DCA 1981). We are not persuaded by appellees’ contention that because the individual doctors practice medicine in Broward County they are deemed to resid…
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- Miller v. Miller, 96 So. 2d 538 (Fla. 1957)