CHARLES ANDREW HICKMAN AND SAM AND BEA AMIRA SERVICES, INC., APPELLANTS,
v.
R.A. SACINO, RAYMOND CARAGHER AND MELANIE CARAGHER, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF JASON T. CARAGHER, DECEASED, AND TONY DEAN EVANS, APPELLEES

Fla. 4th DCA | 1990-09-12
No. 90-1262
ANSTEAD, DELL and POLEN, JJ., concur.
566 So. 2d 903 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Charles A. Hickman and Amira Services, Inc. appeal from two non-final orders denying their motions to dismiss for improper venue or in the alternative, motions to transfer. We affirm. Absent “palpable” abuse or a grossly “improvident” exercise of discretion, a trial court’s granting or refusal of a motion for change in venue based on forum non conveniens will not be disturbed. See D.L. Thornton, M.D. v. DeBerry, 548 So. 2d 1177 (Fla. 4th DCA 1989). We further find that appellants failed to timely assert the ground of joint residency venue privilege. Fla.R.Civ.P. 1.140(b) and (h).

AFFIRMED.

ANSTEAD, DELL and POLEN, JJ., concur.

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  • Instrumentation Servs., Inc. v. Data Mgmt. Assocs., Inc., 708 So. 2d 1018 (Fla. 4th DCA 1998)
    …residents of Broward or Palm Beach counties. It is Defendant’s burden to demonstrate that Plaintiffs’ choice of forum would cause undue inconvenience. We cannot conclude on this record that the decision was an abuse of discretion. Hickman v. Sacino, 566 So. 2d 903 (Fla. 4th DCA 1990). STONE, C.J., and KLEIN and SHAHOOD, JJ., concur.…
  • Stabler v. Ford Werke AG, 581 So. 2d 632 (Fla. 4th DCA 1991)
    …estimony taken at the hearing on the motion. Thus, there was not substantial, competent evidence to support the trial court’s exercise of discretion in acting on the motion. This constitutes an inappropriate use of discretion. See Hickman v. Sacino, 566 So. 2d 903 (Fla. 4th DCA 1990). We therefore reverse, and, as in Gallagher v. Smith, 517 So. 2d 744 (Fla. 4th DCA 1987), remand to permit the lower court to consider such proper evidence as may be presented by the parties as to the most convenient forum for…
  • Hill v. del Toro, 37 So. 3d 935 (Fla. 4th DCA 2010)
    …PER CURIAM. Affirmed. See Hickman v. R.A. Sacino, 566 So. 2d 903 (Fla. 4th DCA 1990). GROSS, C.J., STEVENSON and CIKLIN, JJ., concur.…

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