JOHN J. JERUE TRUCK BROKER, INC.
v.
ALEC PRIETO, ETC.
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A defendant seeking venue transfer bears the burden of coming forward with specific record evidence of substantial inconvenience or undue expense, and failure to provide such detailed evidence results in affirmance of the trial court's denial of the transfer motion.
[1] In a motion to transfer venue, the defendant bears the burden of establishing substantial inconvenience or undue expense by coming forward with specific, detailed record…
[2] A plaintiff's choice of forum is presumptively correct, and the trial court does not abuse its discretion in denying a venue transfer motion when the defendant fails to p…
Previewing 2 of 2 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“a 'plaintiff's forum selection is presumptively correct, and in order to successfully challenge that selection, the burden is upon the defendant to show either substantial inconvenience or that undue expense requires a change for the convenience of the parties or witnesses.' This requires the defendant to come forward with record evidence to support a transfer.”
Court's statement of the legal standard governing venue transfer motions, citing R.J. Reynolds Tobacco Co. v. Mooney.
Appellant John J. Jerue Truck Broker, Inc. sued Alec Prieto in Miami-Dade County Circuit Court. The defendant moved to transfer venue, but failed to p…
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Opinion filed May 22, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-1141 Lower Tribunal No. 22-2251
________________
John J. Jerue Truck Broker, Inc.,
Appellant,
vs.
Alec Prieto, etc., et al.,
Appellees.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Luks, Santaniello, Petrillo, Cohen & Peterfriend, and Edgardo Ferreyra, Jr. and Luis Menendez-Aponte, for appellant. Eaton & Wolk, PL, and Douglas F. Eaton, for appellees. Before EMAS, SCALES, and LINDSEY, JJ. PER CURIAM.
Affirmed. See R.J. Reynolds Tobacco Co. v. Mooney, 147 So. 3d 42,
43 (Fla. 3d DCA 2014) (“[A] ‘plaintiff’s forum selection is presumptively correct, and in order to successfully challenge that selection, the burden is upon the defendant to show either substantial inconvenience or that undue expense requires a change for the convenience of the parties or witnesses.’
This requires the defendant to come forward with record evidence to support a transfer. (quoting Gov’t Emps. Ins. Co. v. Burns, 672 So. 2d 834, 835 (Fla.
3d DCA 2006) (citation omitted))); see also Marques v. Garcia, 245 So. 3d
900, 905 (Fla. 3d DCA 2018) (“[N]o record evidence established the identity of the witnesses needed for trial much less the significance of these witnesses’ testimony, and the trial court recognized as much at the hearing.
Appellants therefore failed to meet their burden by not disclosing information as to the necessity, relevance, or significance of the evidence to be presented by material witnesses at trial.”); Fla. Health Sciences Ctr., Inc. v.
Elsenheimer, 952 So. 2d 575, 579 (Fla. 2d DCA 2007) (“Notably, although the affidavits speak broadly about potential witnesses and potentially relevant records, the affidavits are significantly less detailed . . . . Because of the lack of specificity in the affidavits submitted by the [defendant], we cannot say that the trial court abused its discretion in denying the motion to transfer venue under section 47.122.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gov't Emps. Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996)
- Fla. Health Scis. Ctr., Inc. v. Elsenheimer, 952 So. 2d 575 (Fla. 2d DCA 2007)
- R.J. Reynolds Tobacco Co. v. Lesia Mooney, 147 So. 3d 42 (Fla. 3d DCA 2014)