JOHN AND SHARON BREEN, APPELLANTS,
v.
HUNTLEY JIFFY STORES, INC. AND SOUTHERN BELL TELEPHONE CO., APPELLEES
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The court held that the appellees failed to meet their burden to transfer venue because the record lacked the required sworn proof.
Appellants filed a negligence action in Hillsborough County. Appellees moved to transfer venue to Duval County, but the record contained no sworn proo…
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CAMPBELL, Judge.
Appellants argue on appeal that the trial court should not have transferred the venue of their negligence action from Hillsbor-ough County to Duval County. They maintain that appellees, Southern Bell and Jiffy Stores, failed to meet their burden to have the action transferred. We reluctantly agree.
Venue here was transferred under section 47.122, Florida Statutes (1989), which allows a court to transfer the venue of a cause for the convenience of the parties or in the interests of justice. Although the statute does not require affidavits or sworn proof to effect a change of venue, this court has consistently required defendants to produce affidavits or other sworn proof in order to overcome a plaintiff's venue choice. Westshore Glass Corp. v. Hack Ind., Inc., 522 So. 2d 1046 (Fla. 2d DCA 1988); Davis v. Florida Power Corp., 492 So. 2d 829 (Fla. 2d DCA 1986); Velez v. Mell D. Leonard & Assocs., 338 So. 2d 896 (Fla. 2d DCA 1976).
The record here, submitted in accord with Florida Rule of Appellate Procedure 9.220, contains no such affidavits or sworn proof. Appellants’ complaint is unsworn, as are appellees’ motions to change venue. In view of the fact that venue is proper in Hillsborough County (since both appellees have agents in Hillsborough County), despite the obvious inconvenience to the witnesses, we are compelled to reverse. We do so, however, without prejudice to appel-lees to properly readdress the issue of venue in the trial court.
DANAHY, A.C.J., and THREADGILL, J., concur.
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Gov't Emps. Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996)…on of record evidence supporting the transfer. In the absence of supporting evidence presented by a movant, it is error for a trial court to order a transfer. Graham v. Graham, 648 So. 2d 814 (Fla. 4th DCA 1995); Breen v. Huntley Jiffy Stores, Inc., 610 So. 2d 29 (Fla. 2d DCA 1992); 5740 Hollywood Boulevard, Ltd. v. Orange Leaf, Inc., 518 So. 2d 969 (Fla. 3d DCA 1988); Singer v. Krevoy, 457 So. 2d 590 (Fla. 3d DCA 1984); Bassett v. Talquin Elec. Coop., Inc., 362 So. 2d 357 (Fla. 1st DCA 1978), cert. denied,…
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Fla. Health Scis. Ctr., Inc. v. Elsenheimer, 952 So. 2d 575 (Fla. 2d DCA 2007)…es are and the significance of their testimony.” Hu v. Crockett, 426 So. 2d 1275, 1279 (Fla. 1st DCA 1983). To overcome a plaintiffs venue choice, the defendant must submit [*579] affidavits or other sworn proof. Breen v. Huntley Jiffy Stores, Inc., 610 So. 2d 29, 30 (Fla. 2d DCA 1992); Eggers v. Eggers, 776 So. 2d 1096, 1098 (Fla. 5th DCA 2001); Graham v. Graham, 648 So. 2d 814, 815-16 (Fla. 4th DCA 1995). The Hospital relies upon Eggers to argue that because it had filed the only sworn proof concerning ve…
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Karyn Lee Bond v. Bond, 842 So. 2d 1031 (Fla. 2d DCA 2003)…he did not file a sworn, written motion with supporting affidavits, we affirm the trial court’s denial of her motion. A motion based on section 47.122, Florida Statutes (2002), must be accompanied by sworn proof. Breen v. Huntley Jiffy Stores, Inc., 610 So. 2d 29, 30 (Fla. 2d DCA 1992). Karyn Lee Bond may properly raise this issue again in the trial court. See id. Affirmed. SALCINES and KELLY, JJ., Concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Davis v. Fla. Power Corp., 492 So. 2d 829 (Fla. 2d DCA 1986)
- Westshore Glass Corp. v. Hack Indus., Inc., 522 So. 2d 1046 (Fla. 2d DCA 1988)
- Williams v. State, 338 So. 2d 896 (Fla. 2d DCA 1976)
- Velez v. Mell D. Leonard & Assocs., Inc., 338 So. 2d 896 (Fla. 2d DCA 1976)