DANIEL J. STABLER AND TRACEY WILLS STADLER, HIS WIFE, APPELLANTS,
v.
FORD WERKE AG, A FOREIGN CORPORATION, HEISER LINCOLN-MERCURY, INC., A FOREIGN CORPORATION, FORD MOTOR CO., A FOREIGN CORPORATION, JEFFREY KIRSCH, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BRIAN S. RICHARDS, DECEASED, THE RICHARDS AUTOMOBILE CO., INC., A DOMESTIC CORPORATION, AND NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., A FOREIGN CORPORATION, APPELLEES
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PER CURIAM.
This is an appeal from an order transferring the underlying action to Martin County, Florida. The motion to transfer filed by appellee, Ford, was unsworn. The affidavit filed in support of the motion was based upon hearsay which, itself, was stale and outdated. There was no sworn testimony 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 the trial of this case. The convenience of the witnesses has been described as the single most important factor under section 47.122, Florida Statutes (1989). Hu v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983).
REVERSED AND REMANDED.
HERSEY, C.J., and LETTS and DELL, JJ., concur.
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Dalomba-Herrera v. William David Bush, Allan Zifra, Joseph Horrox & Bush & Ziffra, P.A., 645 So. 2d 117 (Fla. 5th DCA 1994)…d assertions by defendants’ counsel, and not the necessary affidavit or sworn proof, were presented in support of the claim of forum non-conveniens. See Breen v. Huntley Jiffy Stores, Inc., 610 So. 2d 29 (Fla. 2d DCA 1992); Stadler v. Ford Werke AG, 581 So. 2d 632 (Fla. 4th DCA 1991); Stading v. Equilease Corp., 471 So. 2d 1379 (Fla. 4th DCA 1985). The cause is remanded without prejudice to the defendants to move, by appropriate motion, for a change of venue on grounds of forum non-conveniens. See Breen. R…
Authorities Cited
- Stephen C.S. HU v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983)
- Hickman v. R.A. Sacino, 566 So. 2d 903 (Fla. 4th DCA 1990)
- Gallagher v. Smith, 517 So. 2d 744 (Fla. 4th DCA 1987)