MONIQUE DALOMBA-HERRERA, APPELLANT,
v.
WILLIAM DAVID BUSH, ALLAN ZIFRA, JOSEPH HORROX AND BUSH AND ZIFFRA, P.A., APPELLEES
Explore caselaw by topic → Browse Notice Of Hearing cases and more on FLexlaw
COBB, Judge.
The order transferring venue in this action from Volusia County to Flagler County on the basis of forum non-conveniens1 is reversed on the grounds that: (1) the plaintiff was not afforded any notice prior to the hearing that forum non-conveniens would be asserted, and (2) only argument and 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.
REVERSED AND REMANDED.
W. SHARP and DIAMANTIS, JJ., concur. . § 47.122, Fla.Stat. (1993).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gov't Emps. Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996)…uality of supporting evidence as well as quantity of affidavits showing out-of-county contacts). In addition to the requirement of supportive record evidence, the parties must also have sufficient notice prior to a hearing. Dalomba-Herrera v. Bush, 645 So. 2d 117 (Fla. 5th DCA 1994). It is error for a trial court to transfer venue without providing the parties with appropriate notice and an opportunity to be heard. Hewitt Contracting Co. v. Joyner Elec., Inc., 616 So. 2d 190 (Fla. 5th DCA 1993); Morris-Edge…
-
William Kale, Ph.D. v. Dep't OF Health, 175 So. 3d 815 (Fla. 1st DCA 2015)
-
Johns v. Johns, 703 So. 2d 1243 (Fla. 5th DCA 1998)…have held an evidentiary hearing before declining jurisdiction appears to me to be contrary to the UCCJA as well as the PKPA and contrary [*1245] to procedural fairness. See Vero v. Vero, 659 So. 2d 1348 (Fla. 5th DCA 1995); Dalomba-Herrera v. Bush, 645 So. 2d 117 (Fla. 5th DCA 1994). I would grant the petition for certiorari and remand for a hearing. . 28 U.S.C. § 1738A(d) provides as follows: The jurisdiction of a court of a State which has made a child custody determination consistently with the provisio…
Authorities Cited
- Stading v. Equilease Corp., 471 So. 2d 1379 (Fla. 4th DCA 1985)
- John and Sharon Breen v. Huntley Jiffy Stores, Inc., 610 So. 2d 29 (Fla. 2d DCA 1992)
- Stabler v. Ford Werke AG, 581 So. 2d 632 (Fla. 4th DCA 1991)