MARKET TRADERS INSTITUTE, INC.
v.
KEVIN KENT
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A trial court must conduct an evidentiary hearing on a motion to transfer venue before ruling on it, and discovery must be limited to venue issues until the venue question is decided.
[1] A trial court must hold an evidentiary hearing before ruling on a motion to transfer venue, and discovery must be limited to venue-related matters until the venue issue i…
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Join FLexlaw to unlock all legal intelligenceMarket Traders Institute filed suit against Kevin Kent in Palm Beach County Circuit Court. Kent moved to transfer venue, which the trial court denied.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
MARKET TRADERS INSTITUTE, INC., Appellant,
v.
KEVIN KENT, Appellee.
No. 4D19-3719
[August 5, 2020]
Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Scott R. Kerner, Judge; L.T. Case No. 50-2019-CA-003831.
Courtney M. Keller, I. William Spivey, II, and Colin S. Baker of Greenberg Traurig, P.A., Orlando, for appellant.
Jonathan B. Butler of Ciklin Lubitz, West Palm Beach, for appellee.
PER CURIAM.
We reverse an order denying a motion to transfer venue and remand for an evidentiary hearing on the venue issue. On remand, the circuit court shall permit discovery only on the venue issue, until that issue is decided after the evidentiary hearing. See Merrill Lynch, Pierce, Fenner and Smith, Inc. v. Nat’l Bank of Melbourne & Tr. Co., 238 So. 2d 665 (Fla. 4th DCA 1970); Carnival Corp. v. Garcia, 237 So. 3d 1110 (Fla. 3d DCA 2018).
WARNER, GROSS and DAMOORGIAN, JJ., concur.
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Authorities Cited
- Merrill Lynch v. Nat'l Bank OF Melbourne & Tr. Co., 238 So. 2d 665 (Fla. 4th DCA 1970)
- Rhines v. State, 237 So. 3d 1110 (Fla. 3d DCA 2018)