FLORIDA PAIN RELIEF GROUP, PLLC A/A/O ASHLEY SOTO
v.
USAA CASUALTY INSURANCE COMPANY
Explore caselaw by topic → Browse Sua Sponte Judicial Action cases and more on FLexlaw
PER CURIAM.
In these consolidated cases, the trial court sua sponte entered orders transferring venue without any showing that plaintiffs’ chosen venue was improper or that transfer was appropriate on forum non conveniens grounds.
We issued an order directing the parties to show cause why these cases are not controlled by Advanced Diagnostic Group v. Ocean Harbor Cas. Ins. Co., Case No. 4D21-458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021), where this court recently reversed a group of similar orders. Having considered the responses and replies, we conclude that these cases are controlled by our recent decision in Advanced Diagnostic.
Appellees argue that these cases are distinguishable because the suits are subject to a forum selection clause. Appellees, however, did not move for transfer based on the alleged forum selection clause, and the court could not raise this issue on its own. Jones v. Sayer, 313 So. 3d 126 (Fla. 4th DCA 2021) (holding that a court may not sua sponte transfer an action for improper venue).
Accordingly, we reverse and remand for further proceedings.
Reversed and remanded.
CIKLIN, GERBER and FORST, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (32 total)
-
Fla. Pain Relief Grp., PLLC v. Usaa Cas. Ins. Co., 313 So. 3d 126 (Fla. 4th DCA 2021)…as improper or that transfer was appropriate on forum non conveniens grounds. We issued an order directing the parties to show cause why these cases are not controlled by Advanced Diagnostic Group v. Ocean Harbor Cas. Ins. Co., Case No. 4D21-458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021), where this court recently reversed a group of similar orders. Having considered the responses and replies, we conclude that these cases are controlled by our recent decision in Advanced Diagnostic. Appellees argue that…1 / 2
-
Tower Imaging, LLC v. Usaa Cas. Ins. Co. (Fla. 4th DCA 2021)…improper or that transfer was appropriate on forum non conveniens grounds. We issued an order directing the parties to show cause why these cases are not controlled by Advanced Diagnostic Group v. Ocean Harbor Cas. Ins. Co., Case No. 4D21- 458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021), where this Court recently reversed a group of similar orders. Having considered the response and reply, we conclude that these cases are controlled by our recent decision in Advanced Diagnostics and Jones v. Sayer, 3…1 / 2
-
Total Health Assocs., LLC v. Auto Club S. Ins. Co. (Fla. 4th DCA 2021)…oper or that transfer was appropriate on forum non conveniens grounds. We issued an order directing the parties to show cause why these cases are not controlled by Advanced Diagnostic Group v. Ocean Harbor Casualty Insurance Co., No. 4D21-458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021), where this Court recently reversed a similar group of orders. Appellees have confessed error or failed to respond. Accordingly, the orders transferring venue are reversed and remanded for further proceedings. R…
Previewing 3 of 32 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Pain Relief Grp., PLLC v. Usaa Cas. Ins. Co., 313 So. 3d 126 (Fla. 4th DCA 2021)