NEXT MEDICAL FLORIDA, LLC, ETC.
v.
PEAK PROPERTY AND CASUALTY INSURANCE CORPORATION

Fla. 3d DCA | 2025-02-05
No. 3D2024-1372
2025 FL 895 Florida District Court of Appeal, Third District (2025) Positive Treatment

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Holding

A trial court's order granting a motion to transfer on forum non conveniens grounds is reviewed for abuse of discretion and will be affirmed where the appellant bears the burden of demonstrating error and fails to provide a transcript.


Headnotes

[1] A trial court's order granting a motion to transfer based on forum non conveniens grounds is reviewed under an abuse of discretion standard.

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Facts & Procedural History

Next Medical Florida, LLC appealed a non-final order from Miami-Dade County Court granting Peak Property and Casualty Insurance Corporation's motion t…

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Opinion of the Court

PER CURIAM.

Affirmed. See Certain Underwriting Members of Lloyd’s v. Prime Holdings Ins. Servs., Inc., 306 So. 3d 1086, 1091 (Fla. 3d DCA 2020) (stating that a trial court’s order granting a motion to transfer based on forum non conveniens grounds is reviewed under an abuse of discretion standard); Beacon Hill Homeowners Ass’n, Inc. v. Colfin Ah-Fla. 7, LLC, 221 So. 3d 710, 712 (Fla. 3d DCA 2017) (providing that an appellate court reviews the denial of a motion for rehearing under an abuse of discretion standard); Migliori v. Migliori, 983 So. 2d 670, 671 (Fla. 5th DCA 2008) (explaining that when a motion to transfer is appealed without a transcript, there is “no basis to reverse the decision of the trial judge”); Gaspard v. Innocent, 389 So. 3d 638, 639 (Fla. 3d DCA 2023) (“[I]n appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error[.]” (quoting Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979))).


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