PSHS ALPHA PARTNERS, LTD D/B/A LAKE WORTH SURGICAL CENTER A/A/O BRENDA BOSLEY
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case consolidated appeals from trial court orders that sua sponte transferred venue without proper justification. The appellate court reversed these orders, finding them controlled by a prior similar ruling.
The appellate court held that the trial courts erred in sua sponte transferring venue without proper justification. The court found these cases controlled by its prior decision in Advanced Diagnostic Group v. Ocean Harbor Casualty Insurance Co.
[1] A trial court may not sua sponte transfer venue without a showing that the plaintiff's chosen venue is improper or that transfer is appropriate on forum non conveniens gr…
[2] Orders transferring venue sua sponte without proper grounds are reversible error.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In these consolidated cases, the trial courts 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.”
This quote establishes the core issue and factual basis for the appeal.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMultiple plaintiffs, including PSHS ALPHA PARTNERS, LTD d/b/a LAKE WORTH SURGICAL CENTER, appealed nonfinal orders from the trial court. These orders …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sua Sponte Order cases and more on FLexlaw
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
LIVE YOUNG, PLLC d/b/a LIVE YOUNG CHIROPRACTIC,
Appellant,
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
No. 4D21-575 _______________________
MIAMI SURGICAL CENTER, INC. a/a/o PEDRO PEREZ
Appellant,
4D21-1405, ______________________
PSHS ALPHA PARTNERS, LTD d/b/a LAKE WORTH SURGICAL CENTER a/a/o MAGUY DERONVIL
Appellant,
4D21-1408 ______________________
JUPITER OUTPATIENT SURGERY CENTER, LLC a/a/o LAKENDRA POTTS Appellant,
4D21-1409 _____________________
PSHS ALPHA PARTNERS, LTD d/b/a LAKE WORTH SURGICAL CENTER a/a/o BRENDA BOSLEY
Appellant,
4D21-1443 _______________________
PARK PLACE SURGERY CENTER, LLC a/a/o JOHNNY SOLER
Appellant,
4D21-1505 _______________________
[July 14, 2021]
Consolidated appeals of nonfinal orders from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Louis H. Schiff and Ellen Feld, Judges; L.T. Case Nos. CONO20-000355, CACE20-21699, COWE19-000444, COWE20-014578, COWE20-16201, COWE20-019111, and COWE20-16948.
4D21-575
Chad A. Barr of Chad A. Barr Law, Altamonte Springs, for appellant. Nancy W. Gregoire of Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale, and Deborah H. Braile, Jeffrey L. Baer, and Andrea M. Drawas of Goldstein Law Group, Fort Lauderdale, for appellee.
4D21-1405
4D21-1408
4D21-1409
Carri S. Leininger of Williams, Leininger & Cosby, P.A., North Palm Beach, for appellee.
4D21-1443
4D21-1505
___________________ PER CURIAM.
In these consolidated cases, the trial courts 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 Casualty Insurance Co., 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 these cases are controlled by Advanced Diagnostic. Accordingly, we reverse and remand for further proceedings.
Reversed and remanded. CONNER, C.J., MAY and DAMOORGIAN, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.