YACHT CLUB OF THE AMERICAS, LLC, ETC., ET AL., APPELLANTS,
v.
RICHARD NAMON, II D/B/A EZ PALMS, APPELLEE
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Yacht Club of the Americas appealed from an order vacating a prior venue transfer order. The court held that once a case is transferred and the transferee court receives the file and fees, the transferor court loses jurisdiction and cannot vacate the transfer order.
The transferor court did not have jurisdiction to vacate the transfer order. Once the transferee court receives the file and the applicable fees are paid, jurisdiction vests in the transferee court and the transferor court is divested of all jurisdiction to take further action in the case.
[1] A transfer of venue in a civil case becomes effective when the transferee court receives the court file and applicable costs and service charges are paid, at which point…
[2] Once a transferee court assumes jurisdiction over a transferred case, the transferor court is divested of jurisdiction and lacks the authority to take further action in t…
Previewing 2 of 3 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“In a civil case, a change of venue becomes effective when the applicable costs and service charges are paid, and the transferee court receives the court file.”
Establishes the standard for when a venue transfer becomes effective and jurisdiction vests in the transferee court.
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Join FLexlaw to unlock all legal intelligenceRichard Namon sued Yacht Club for breach of contract in Miami-Dade County. Yacht Club moved to dismiss for improper venue, and the trial court granted…
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Yacht Club of the Americas, LLC, and others (collectively “Yacht Club”), appeal from an order vacating a prior order transferring this case to the Twentieth Judicial Circuit Court in Lee County (“the transferee court”). We have jurisdiction pursuant to Florida Rules of Appellate Procedure 9.040(b)(2) and 9.130(a)(3)(A), and reverse.
•Richard Namon, II, d/b/a EZ Palms (“Namon”) sued Yacht Club for breach of contract. Yacht Club moved to dismiss the action, among other grounds, for improper venue. The trial judge of the Eleventh Judicial Circuit Court in Miami-Dade County (“the transferor court”) granted the motion, ordering transfer of the case from the transferor court to the transferee court.
The transferee court certified receiving the transferred case and the appropriate fees on May 11, 2009. Namon moved the transferor court to vacate the transfer order, and on August 10, 2009, the transferor court vacated its prior order transferring the ease to the transferee court.
On appeal, Yacht Club asserts that the transferor court did not have jurisdiction to enter the order vacating the transfer order. Namon contends that the transfer- or court properly vacated the transfer order. We agree with Yacht Club.
In a civil case, a change of venue becomes effective when the applicable costs and service charges are paid, and the *50transferee court receives the court file. § 47.191, Fla. Stat. (2008); Vasilinda v. Lozano, 631 So.2d 1082, 1087 (Fla.1994). Once the fees are paid and the file is received, the transferee court assumes jurisdiction. The transferor court is without jurisdiction to take any further action in the case. See Gundersen v. Powell, 840 So.2d 1252, 1253 (Fla. 2d DCA 1976) (holding that “jurisdiction had effectively vested in Martin County when the file was forwarded to the clerk of the circuit court in Martin County and appellant’s counsel paid the filing fee [and] the Hillsborough County Circuit Court was without jurisdiction to make any further order”).
Here, the record shows that the transferee court certified receipt of the case file and the fees on May 11, 2009. On this date, the transferor court was divested of jurisdiction. Thus, the transferor court judge erred in entering the order granting Namon’s motion to vacate the prior transfer order.
Accordingly, we reverse the order vacating the transfer order.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Vasilinda v. Lozano, 631 So. 2d 1082 (Fla. 1994)
- Gundersen v. Powell, 340 So. 2d 1252 (Fla. 2d DCA 1976)