MIRACLE CHIROPRACTIC & REHAB CENTER A/A/O SAMUEL JOSEPH
v.
21ST CENTURY CENTENNIAL INSURANCE COMPANY
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.
A defendant's motion to transfer venue must be verified or supported by affidavit; absent such verification, the trial court errs in granting the motion.
[1] A motion to transfer venue must be verified or supported by affidavit.
[2] When a defendant challenges venue with a sworn motion or affidavit, the burden shifts to the plaintiff to establish the propriety of the chosen venue.
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“[W]hen a defendant challenges venue by filing an affidavit controverting the plaintiff's venue allegations, the burden shifts to the plaintiff to establish the propriety of the venue selection.”
The court cited this principle from American Vehicle Insurance Co. v. Goheagan to establish that affidavit support is required to shift burden.
Miracle Chiropractic & Rehab Center, as assignee of Samuel Joseph, sued 21st Century Centennial Insurance Company in Broward County. The insurer moved…
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.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
MIRACLE CHIROPRACTIC & REHAB CENTER a/a/o
SAMUEL JOSEPH,
Appellant,
v.
21ST CENTURY CENTENNIAL INSURANCE COMPANY,
Appellee.
No. 4D21-616
[May 12, 2021]
Appeal of nonfinal order from the County Court for the Seventeenth Judicial Circuit, Broward County; Ellen Feld, Judge; L.T. Case Nos. COWE20-8253 and CACE20-20037.
Christina M. Kalin and John C. Daly of Daly & Barber, P.A., Plantation for appellant.
No appearance filed for appellee. GERBER, J.
The provider-assignee appeals from the county court’s order granting the insurer’s motion to transfer the underlying action’s venue from Broward County to Polk County. Because the insurer’s motion was not verified or supported by affidavit, the county court erred in granting the motion. See Am. Vehicle Ins. Co. v. Goheagan, 35 So. 3d 1001, 1003 (Fla. 4th DCA 2010) (“[W]hen a defendant challenges venue by filing an affidavit controverting the plaintiff's venue allegations, the burden shifts to the plaintiff to establish the propriety of the venue selection.”) (emphasis added). Therefore, we reverse the order on appeal, and remand for the county court to permit the insurer to file a verified motion or affidavit supporting the motion to transfer venue.
Presuming the insurer does so, the burden shall shift to the provider to establish, by evidence, the propriety of its venue selection. See id. If the provider fails to present any such evidence, then the county court shall grant the insurer’s motion. See Gino Vitiello, M.D., P.A. v. Genovese Joblove & Battista, P.A., 123 So. 3d 1185, 1188 (Fla 4th DCA 2013)
2
(reversing the circuit court’s order denying the defendants’ motion to transfer venue from Broward County to Miami–Dade County, where once the defendants met their initial burden to establish, by affidavit, that venue was proper in Miami–Dade County, the plaintiff failed to file any sworn evidence to establish that venue was proper in Broward County).
However, presuming the provider presents evidence supporting its venue selection, the county court shall hold an evidentiary hearing to resolve any relevant factual disputes and then make a legal decision whether the provider’s venue selection is legally supportable. See Fla. Gamco, Inc. v. Fontaine, 68 So. 3d 923, 928 (Fla. 4th DCA 2011) (“In order to rule on such a motion, the trial court needs to resolve any relevant factual disputes and then make a legal decision whether the plaintiff’s venue selection is legally supportable.”).
Reversed and remanded with instructions. GROSS and KUNTZ, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Am. Vehicle Ins. Co. v. Olive Goheagan, 35 So. 3d 1001 (Fla. 4th DCA 2010)
- Fla. Gamco, Inc. v. Gale Fontaine, 68 So. 3d 923 (Fla. 4th DCA 2011)
- Gino Vitiello, M.D., P.A. v. Genovese Joblove & Battista, P.A., 123 So. 3d 1185 (Fla. 4th DCA 2013)