ALFRED JENSEN AND PATRICIA JENSEN, HIS WIFE, APPELLANTS,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE
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Trial court properly transferred venue from Orange County to Brevard County under Florida Statute § 47.122 based on the accident location, parties' residence at time of accident, location of witnesses and treating physician, and defendant's office location, with no abuse of discretion demonstrated.
A trial court does not abuse its discretion in transferring venue to the county where an automobile accident occurred when both parties resided there at the time of the accident, witnesses and the plaintiff's treating physician are located there, and the defendant maintains an office there.
[1] A trial court may transfer an action to any county where it could have originally been brought for the convenience of the parties, convenience of witnesses, or in the int…
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Join FLexlaw to unlock all legal intelligencePlaintiffs filed suit in Orange County where their attorney's office is located, but the automobile accident occurred in Brevard County where both par…
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PETERSON, J.
The trial court transferred venue of this proceeding from Orange County, where the suit was filed and the plaintiffs attorney has his office, to Brevard County where the automobile accident giving rise to this litigation occurred. The plaintiffs and defendants resided in Brevard County at the time of the accident, but the plaintiffs subsequently moved to Lake County. An action may be transferred to anywhere it could have originally been brought for the convenience of the parties, convenience of the witnesses, or in the interest of justice. See Fla. Stat. § 47.122 (2000). The standard of review upon appeal is abuse of discretion and the trial court’s decision will not be disturbed if abuse cannot be demonstrated. We find no abuse in this case considering that the accident took place in Brevard County, both parties resided in Brevard County at the time of the accident, the plaintiffs primary treating physician is in Brevard County, the defendant’s witnesses reside in Brevard County, and the defendant has an office in Brevard County. Although other facts may point to Orange County as an alternate convenient forum, the ultimate decision was that of the trial court and we find no abuse of discretion.
AFFIRMED.
SAWAYA and PALMER, JJ., concur.
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Blackhawk Quarry Co. OF Fla., Inc. v. Hewitt Contracting Co., Inc., 931 So. 2d 197 (Fla. 5th DCA 2006)…a standard of review applies in cases where venue is changed for the convenience of the parties or where the court finds it necessary to change venue in order to ensure the right to a fair trial. See, e.g., Jensen v. State Farm Mut. Auto. Ins. Co., 781 So. 2d 468, 469 (Fla. 5th DCA 2001); Mgmt. Computer Controls, Inc., 743 So. 2d at 630; Tindall v. Smith, 601 So. 2d 627, 627 (Fla. 2d DCA 1992). On the other hand, when a trial court considers a motion to transfer venue based on the plaintiffs erroneous venue…