JSO SERVICES, LLC, ETC.
v.
LAURA E. TRUJILLO, ETC.

Fla. 3d DCA | 2024-10-30
No. 3D2023-0986
Westbrooks, Latrice A., J.
364 So. 3d 1078 2024 FL 12474 Florida District Court of Appeal, Third District (2024) Positive Treatment
Also reported at: 314 So. 3d 363
Cited by 8 cases

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Synopsis

Imperial Paving, LLC and related defendants appealed the trial court's denial of their motions to dismiss for improper venue or forum non conveniens and to transfer venue. The Third District Court of Appeal affirmed the trial court's decision, holding that the defendants failed to meet their burden of presenting record evidence to overcome the presumption that the plaintiff's forum selection was proper.

Holding

The trial court did not abuse its discretion nor commit error in denying the defendants' motions. The defendants failed to present sufficient record evidence to overcome the presumption that the plaintiff's forum selection was proper. Under Florida law, a defendant challenging venue bears the burden of coming forward with record evidence demonstrating substantial inconvenience or undue expense requiring a change of venue.

Headnotes

[1] A plaintiff's choice of forum is presumptively correct in a forum non conveniens challenge, and the burden rests on the defendant to demonstrate substantial inconvenience…

[2] A defendant seeking a forum non conveniens transfer must typically support the motion with affidavits or other evidence detailing the inconvenience to parties or witnesse…

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Key Quotes

“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.”

Establishes the legal standard: defendants must overcome the presumption favoring plaintiff's forum choice by presenting record evidence of inconvenience or undue expense.

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Facts & Procedural History

Multiple defendants in a civil action pending in Miami-Dade County Circuit Court filed motions to dismiss for improper venue or forum non conveniens, …

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Topics
Burden Of Proof For Venue Transfer Motion To Dismiss For Improper Venue Motion To Transfer Venue Transfer Of Venue

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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed October 30, 2024. Not final until disposition of timely filed motion for rehearing.

________________

Nos. 3D23-0985, 3D23-0986, and 3D23-0987 Lower Tribunal No. 22-2437

________________

Imperial Paving, LLC, et al.,

Appellants,

vs.

Laura E. Trujillo, etc.,

Appellee. Appeals from a non-final order from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge. Rywant, Alvarez, Jones, Russo & Guyton, P.A., and Michael S. Rywant, Matthew M. Holtsinger, and Carla M. Sabbagh (Tampa), for appellant Imperial Paving, LLC; Mintzer, Sarowitz, Zeris, Ledva, & Meyers, LLP, and Ela M. Hernandez and Gina Romanik Mejia; Carlton Fields, P.A., and Jeffrey A. Cohen and Samuel B. Spinner, for appellants Captain D’s LLC, PF Purchaser Corp., and Glenn Wilson. Law Offices of Geoffrey B. Marks, and Geoffrey B. Marks, for appellee. Before EMAS, FERNANDEZ and BOKOR, JJ. EMAS, J. In these three consolidated appeals, Imperial Paving, LLC, John S. Odom, and JSO Services, LLC, appeal the trial court’s May 3, 2023, nonfinal orders denying their (1) motion to dismiss for improper venue or forum non conveniens; (2) motion to transfer venue based on forum non conveniens; and all related motions of the joining defendants.1 Upon our review, see B. Little & Co., Inc. v. Choi Wai Printing (Hong Kong) Ltd., 364 So. 3d 1078, 1080 (Fla. 3d DCA 2023) (noting that an appellate court generally applies an abuse of discretion standard when reviewing a trial court’s order denying motion to dismiss for improper venue or forum non conveniens); Port Royal Prop., LLC v. Woodson Elec. Sols., Inc., 305 So. 3d 50, 52 (Fla. 3d DCA 2019) (“[A] trial court's ruling on a motion to transfer venue under section 47.122 is reviewed for an abuse of discretion.”); Huber v. Huber, 314 So. 3d 363, 365 (Fla. 3d DCA 2020) (“However, where there are no material facts in dispute and proper venue turns on a question of law, [the Court] review[s] such an order de novo.”), we conclude the trial court neither abused its discretion nor committed any

Footnotes
1 The three appellants are defendants in the action pending in the lower tribunal. There are a number of additional defendants in the pending action, including Captain D's, LLC, PF Purchaser Corp., Glenn Wilson, Efrain Sanchez, Ruben Sanchez and T. Disney Trucking and Grading, Inc., who joined in the relevant motions and who are aligned as appellants in these consolidated appeals. error of law in denying appellants’ motions. See R.J. Reynolds Tobacco Co. v. Mooney, 147 So. 3d 42, 43 (Fla. 3d DCA 2014) (“As this court has already confirmed, ‘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.”) (alteration in original) (quoting Gov’t Emps. Ins. Co. v. Burns, 672 So. 2d 834, 835 (Fla. 3d DCA 1996) (additional citation omitted). See also SMA Behav. Health Servs., Inc. v. Loewinger, 355 So. 3d 988, 989 (Fla. 3d DCA 2023) (noting that, when considering granting or denying a motion to dismiss, or transfer venue, pursuant to forum non conveniens, courts should consider three factors: “(1) the convenience of the parties; (2) the convenience of the witnesses; and (3) the interest of justice.” (quoting Ford Motor Co. v. James, 33 So. 3d 91, 92-93 (Fla. 4th DCA 2010)). Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • JSO Servs., LLC v. Trujillo, 364 So. 3d 1078 (Fla. 3d DCA 2024)
    …rum non conveniens); Port Royal Prop., LLC v. Woodson Elec. Sols., Inc., 305 So. 3d 50, 52 (Fla. 3d DCA 2019) (“[A] trial court's ruling on a motion to transfer venue under section 47.122 is reviewed for an abuse of discretion.”); Huber v. Huber, 314 So. 3d 363, 365 (Fla. 3d DCA 2020) (“However, where there are no material facts in dispute and proper venue turns on a question of law, [the Court] review[s] such an order de novo.”), we conclude the trial court neither abused its discretion nor committed a…
    1 / 2
  • Brown & Brown OF Fla., Inc. v. Tzadik Acquisitions, LLC (Fla. 3d DCA 2023)
    …ansfer venue and subsequently entered an order denying Brown & Brown’s motion to transfer venue. This appeal followed. “We review a lower court’s order on a motion to transfer or dismiss for improper venue for abuse of discretion.” Huber v. Huber, 314 So. 3d 363, 365 (Fla. 3d DCA 2020). Pursuant to section 47.011, Florida Statutes, “[a]ctions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.” “It is the prero…
  • Imperial Paving, LLC v. Trujillo (Fla. 3d DCA 2024)
    …to dismiss for improper venue or forum non conveniens; (2) motion to transfer venue based on forum non conveniens; and all related motions of the joining defendants.1 Upon our review, see B. Little & Co., Inc. v. Choi Wai Printing (Hong Kong) Ltd., 364 So. 3d 1078, 1080 (Fla. 3d DCA 2023) (noting that an appellate court generally applies an abuse of discretion standard when reviewing a trial court’s order denying motion to dismiss for improper venue or forum non conveniens); Port Royal Prop., LLC v. Woodson E…
    1 / 2

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