SHIRLEY SULLIVAN, APPELLANT,
v.
GLENDA KLEIN, APPELLEE
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.
Sullivan appeals a trial court's denial of her motion to transfer venue from Dade County to Pinellas County in an automobile negligence action. The Third District Court of Appeal reversed, holding that the trial court abused its discretion in refusing to transfer the case where both parties were non-residents, the accident occurred in Pinellas County, and Dade County had no meaningful connection to the case.
The court reversed and remanded, holding that the trial court abused its discretion in denying the venue transfer motion. The case should be transferred to Pinellas County because both parties are non-residents, the accident occurred in Pinellas County, witnesses reside there, and the only connection to Dade County is plaintiff's counsel.
[1] A trial court abuses its discretion by denying a motion to transfer venue when the chosen forum lacks any nexus with the accident, parties, or witnesses, and the only con…
[2] Venue should be transferred to the county where an automobile accident occurred if both parties are non-residents, potential witnesses reside in that county, and the chos…
Previewing 2 of 4 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“It is 'in the interest of justice,' ... that a Dade County jury, which is both a scarce and precious resource, should not be burdened with determining a case that has no connection with Dade County.”
Establishes the policy rationale for venue transfer—protecting scarce judicial resources by ensuring cases are tried in counties with meaningful connections to the dispute.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceKlein, a Canadian resident, sued Sullivan, an Oregon resident, in Dade County for injuries from an automobile accident that occurred on December 7, 19…
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 Convenience Of Witnesses cases and more on FLexlaw
PER CURIAM.
We grant appellant’s motion for rehearing, withdraw the opinion filed October 30, 1996, and substitute the following opinion:
This is an appeal from a non-final order denying appellant’s motion to transfer venue from Dade County to Pinellas County, Florida, pursuant to section 47.122, Florida Statutes1. We reverse the order and remand with instructions that the trial court transfer the cause to Pinellas County, Florida.
Appellee, Glenda Klein, a resident of Canada, filed an action on November 28, 1995, in Dade County, Florida for injuries she allegedly sustained in an automobile accident which occurred on December 7, 1991 in Pi-nellas County, Florida. The complaint alleges that appellant, Shirley Sullivan, a resident of Oregon negligently collided into the rear end of appellee’s automobile. Appellant subsequently filed a motion to transfer venue from Dade County to Pinellas County, Florida, contending that the forum chosen by appellee lacks any nexus with the accident, the parties or the witnesses. After a hearing on the motion, the motion to transfer venue was denied by the trial court. We find that the trial court abused its discretion in not transferring venue from Dade County to Pi-nellas County where both parties are non-Florida residents, the accident occurred in Pinellas County, there are potential witnesses, albeit nominal, residing in Pinellas County and the only connection to Dade County is the plaintiffs attorney. See E.I. DuPont De Nemours & Co. v. Fuzzell, 681 So. 2d 1195 (Fla. 2d DCA 1996); Westchester Fire Ins. Co. v. Fireman’s Fund Ins. Co., 673 So. 2d 958, 959 (Fla. 3d DCA 1996) (“It is ‘in the interest of justice,’ ... that a Dade County jury, which is both a scarce and precious resource, should not be burdened with determining a case that has no connection with Dade County.”); see also Avis Rent A Car System, Inc. v. Broughton, 672 So. 2d 656, 656 (Fla. 4th DCA 1996) (holding trial court abused its discretion in denying a motion for change of venue when only connection to county in which action is filed is the fact that nonresident corporation has agent there); Prudential Property and Cas. Ins. Co. v. Palma, 622 So. 2d 594, 595 (Fla. 3d DCA 1993) (finding where record is devoid of any connection between Dade County and any of the factual occurrences in case or any of the witnesses who might be called to testify in case, trial court abused its discretion in denying motion for change of venue).
Reversed and Remanded.
. Section 47.122, Fla. Stat. (1995) provides:
For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it may have been brought.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- E.I. DuPONT DE Nemours & Co. v. Fuzzell, 681 So. 2d 1195 (Fla. 2d DCA 1996)
- Westchester Fire Ins. Co. v. Fireman's Fund Ins. Co., 673 So. 2d 958 (Fla. 3d DCA 1996)
- AVIS Rent A CAR Sys., Inc. v. Broughton, 672 So. 2d 656 (Fla. 4th DCA 1996)
- Schwam v. Home Sav. OF Am., FSB, 622 So. 2d 594 (Fla. 3d DCA 1993)