TOTAL HEALTH ASSOCIATES, LLC A/A/O RAYMONDE FARINA
v.
AUTO CLUB SOUTH INSURANCE COMPANY
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Multiple consolidated appeals challenging trial court orders that sua sponte transferred venue in insurance-related cases involving medical providers suing insurers. The Fourth District Court of Appeal reversed the venue transfer orders, finding they were improper under the controlling precedent of Advanced Diagnostic Group v. Ocean Harbor Casualty Insurance Co.
The court reversed all venue transfer orders and remanded for further proceedings, finding they were improper. The court determined that the cases were controlled by Advanced Diagnostic Group v. Ocean Harbor Casualty Insurance Co., which had recently reversed similar venue transfer orders.
[1] Trial courts lack authority to sua sponte transfer venue without a showing that the plaintiff's chosen venue is improper or that transfer is warranted on forum non conven…
[2] A party's confession of error regarding a venue transfer order warrants reversal of that order on appeal.
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 these consolidated cases, the trial courts sua sponte entered orders transferring venue without any showing that plaintiffs' chosen venue was improper or that transfer was appropriate on forum non conveniens grounds.”
Establishes that the trial courts lacked proper justification for transferring venue, acting unilaterally without required substantive showing.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceTwelve consolidated cases involved medical providers and healthcare facilities bringing claims against various insurance companies. Trial courts in Br…
The full statement of facts, procedural history, and disposition for this case are member content.
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a/a/o DONALD CASWELL,
Appellant,
v. ALLSTATE INSURANCE COMPANY, Appellee.
No. 4D21-1079 PATH MEDICAL, LLC a/a/o TERRENCE ISOM,
Appellant,
v. ALLSTATE INDEMNITY COMPANY, Appellee.
No. 4D21-1109 INDEPENDENT IMAGING, LLC a/a/o ISABEL GARCIA,
Appellant,
v. FOREMOST INSURANCE COMPANY, Appellee.
No. 4D21-1111 PATH MEDICAL, LLC a/a/o AMAURIE JONES,
Appellant,
v. USAA CASUALTY INSURANCE COMPANY, Appellee.
No. 4D21-1112 FT. MYERS MRI, LLC a/a/o DANICK DUMAS,
Appellant,
v. LM GENERAL INSURANCE COMPANY, Appellee.
No. 4D21-1352 MEDICAL CENTER IMAGING, LLC a/a/o KAYLYN DORAN,
Appellant,
v. LM GENERAL INSURANCE COMPANY, Appellee.
No. 4D21-1354 ACCIDENT CARE CLINIC, INC. a/a/o DIXON LI,
Appellant,
v. ALLIED PROPERTY & CASUALTY INSURANCE COMPANY, Appellee.
No. 4D21-1407
JANE BLISTLINE ANESTHESIA SERVICES, LLC,
Appellant,
v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.
No. 4D21-1502 ACCIDENT CARE CLINIC, INC. a/a/o CARLOS BERNIER-ACOSTA,
Appellant,
v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellee.
No. 4D21-1510 TOTAL HEALTH ASSOCIATES, LLC (a/a/o RAYMONDE FARINA),
Appellant,
v. AUTO CLUB SOUTH INSURANCE COMPANY, Appellee.
No. 4D21-1579
FUNCTIONAL EVALUATION TESTING OF FLORIDA, INC. (a/a/o ALETHEIA GUERRERO),
Appellant,
v. PROGRESSIVE SELECT INSURANCE COMPANY, Appellee.
No. 4D21-1581
THE MEDICAL GROUP OF SOUTH FLORIDA, INC. (a/a/o NICHOLAS MACISAAC),
Appellant,
v. SAFECO INSURANCE COMPANY OF ILLINOIS, Appellee.
No. 4D21-1602 [July 28, 2021] Consolidated appeals of nonfinal orders from the County Court for the Seventeenth Judicial Circuit, Broward County; Ellen Feld, John D. Fry, and Terri-Ann Miller, Judges; L.T. Case Nos. CONO20-014518, CONO-20-001680(70), COWE20-008301, COWE19-014963, COWE20-003784, COSO21000929, COSO21-000980, COWE20-005712, CONO20-014160, COWE19-18902, CONO20-14162, CONO20-014638(70) and CONO20-011995.
4D21-721
4D21-1079
4D21-1109
4D21-1111
4D21-1112
4D21-1352 Veresa Jones Adams, Abbi Freifeld Carr and Jeffrey Geldens of Roig Lawyers, Deerfield Beach, for appellee. 4D21-1354 Veresa Jones Adams, Abbi Freifeld Carr and Jeffrey Geldens of Roig Lawyers, Deerfield Beach, for appellee.
4D21-1407
DeeAnn J. McLemore of Banker Lopez Gassler P.A., St. Petersburg, for appellee. 4D21-1502 Melissa G. McDavitt of Conroy Simberg, West Palm Beach, for appellee.
4D21-1510
4D21-1579 Mac S. Phillips of Phillips Tadros, P.A., Fort Lauderdale, for appellant. Amanda J. Phillips of Cole, Scott & Kissane, P.A., Plantation, for appellee. 4D21-1581 Mac S. Phillips of Phillips Tadros, P.A., Fort Lauderdale, for appellant. 4D21-1602 Daniel Manyari of Steinger, Greene & Feiner, Fort Lauderdale, for appellant. ON CONFESSION OF ERROR PER CURIAM. In these consolidated cases, the trial courts sua sponte entered orders transferring venue without any showing that plaintiffs’ chosen venue was improper or that transfer was appropriate on forum non conveniens grounds. We issued an order directing the parties to show cause why these cases are not controlled by Advanced Diagnostic Group v. Ocean Harbor Casualty Insurance Co., No. 4D21-458, 2021 WL 1310851 (Fla. 4th DCA Apr. 8, 2021), where this Court recently reversed a similar group of orders. Appellees have confessed error or failed to respond. Accordingly, the orders transferring venue are reversed and remanded for further proceedings. Reversed and remanded. FORST, KUNTZ and ARTAU, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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