TOWER IMAGING, LLC, ETC.
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Fla. 3d DCA | 2022-02-02
No. 21-1944
46 Fla. L. Weekly D1078 Florida District Court of Appeal, Third District (2022) Positive Treatment
Cited by 1 case

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Holding

A motion to transfer based on forum non-conveniens must be supported by evidence, and the party moving to transfer may not require the non-moving party to pay the transfer fee.


Headnotes

[1] A motion to transfer a case based on forum non-conveniens must be supported by competent evidence presented by the moving party.

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Facts & Procedural History

Blackfin Medical, as assignee of Rebecca Jeznach, sued State Farm. State Farm moved to transfer the case based on forum non-conveniens.…

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Opinion of the Court

Tower Imaging, LLC, d/b/a Blackfin Medical (as assignee of Rebecca Jeznach) (“Blackfin”), appeals the trial court’s order granting State Farm Mutual Automobile Insurance Company’s (“State Farm”) motion to transfer the case based on forum non-conveniens. Blackfin claims that the motion to transfer was not based on any supporting evidence presented by State Farm and further claims that the trial court erred by requiring Blackfin to pay the transfer fee. State Farm responds and confesses error in both respects.

Upon review of the record, we agree. See Miracle Chiropractic & Rehab Ctr. v. 21st Century Centennial Ins. Co., 46 Fla. L. Weekly D1078 (Fla. 4th DCA

May 12, 2021).

Reversed and remanded.


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