PETERSON, HOWELL & HEATHER D/B/A D. C. PETERSON TRUST, A MARYLAND CORPORATION, ET AL., APPELLANTS,
v.
JEAN O'NEILL, INDIVIDUALLY, ET AL., APPELLEES
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The trial court abused its discretion in denying the motion for a change of venue, as the convenience of the parties and witnesses, and the interests of justice, favored transfer.
[1] A trial court abuses its discretion when it denies a motion for change of venue based on the convenience of parties and witnesses without recognizing the established prin…
[2] The convenience of parties and witnesses is a primary consideration in determining whether to grant a change of venue under statutes allowing for such changes when justic…
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Join FLexlaw to unlock all legal intelligencePlaintiffs, residents of Pennsylvania, filed a wrongful death action in Dade County against defendants from Maryland, Delaware, Tennessee, and Georgia…
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PEARSON, Judge.
The defendants Peterson, Howell & Heather (d/b/a D. C. Peterson Trust), Berkline Corporation and Liston Junior Green appeal the trial court’s denial of their motion for change of venue pursuant to Fla.Stat. § 47.122, which provides for change of venue where the convenience of the parties or witnesses or the interests of justice so require. We reverse upon a holding that the trial court abused the discretion granted by the statute in failing to recognize the convenience of the parties and witnesses involved in this action.
The appellees, being the wife and minor children of the deceased, were the plaintiffs in a wrongful death action filed in the Eleventh Judicial Circuit seeking damages for the negligent operation of a motor vehicle. It is alleged that the negligence of the defendants resulted in the death of the deceased, George Flemin O’Neill.
The plaintiffs are residents of the State of Pennsylvania. Defendant Peterson Trust is a Maryland corporation and was the owner of the vehicle which collided with the O’Neill vehicle; defendant Berk-line Corporation is a Delaware and Tennessee corporation and was the licensee of the vehicle; and defendant Liston Junior Green is a resident of the State of Georgia, was the driver of the vehicle, and is an employee of the Berkline Corporation. The collision occurred in Polk County, Florida. The deceased was an employee of Disney World in Orlando and lived in Lakeland (Polk County, Florida). The deceased was taken to Lakeland General Hospital in Polk County. The accident was investigated by patrolmen assigned to the Lakeland (Polk County) office of the Florida Highway Patrol. The two witnesses to the accident reside in Orlando (Orange County) and Longwood (Seminole County) respectively. Polk, Orange and Seminole Counties are in close geographic proximity to one another, with Seminole County adjacent to Orange County and Orange County adjacent to Polk County.
The change of venue statute, by its very language, reposes a large discretion in the trial judge because concepts such as “convenience of the parties” and “interests of justice” are necessarily abstractions which must be weighed according to the facts of each case. Nevertheless, in any matter involving discretion of the trial court, the court does not have the right to disregard the established principles and guidelines set forth by law for decision in such matters. See Southern Railway Company v. McCubbins, Fla.App.1967, 196 So. 2d 512.
Appellees suggest, as a basis for the denial of the motion, the fact that the court was aware that the practicalities of trying the lawsuit would, by necessity, involve the transportation of the parties and their representatives and witnesses to and from Florida. It is thereupon urged that the trial court recognized that Dade County, Florida, being a large metropolitan area, had more adequate facilities (with its airport, abundance of hotels, and restaurants) than Polk County, and that the convenience of the parties would be aided by having their lawsuit tried in a metropolitan area. While we must concur that transportation facilities are generally better in metropolitan areas, we cannot recognize it as a rule of practice that it is always more convenient for parties to have their lawsuit tried in such areas. If this were so, it might follow that every lawsuit involving some out-of-state parties would be better tried in a metropolitan area. We think that it was the purpose of the venue statutes, e. g., Fla.Stat. §§ 63.102, 78.03, 83.11, 910.005 et seq., that the lawsuit should be tried in the area where the cause of action arose whenever consonant with the residence and convenience of the parties.
Appellee relies upon the holding of this court in Greyhound Corporation v. Rosart, Fla.App.1960, 124 So. 2d 708, in which we held that an election of venue by the plaintiff could not be changed upon the grounds of convenience. This decision is no longer of force and effect inasmuch as it was decided prior to the enactment of Fla.Stat. § 47.122, the change of venue statute for convenience of parties with which we are here concerned.
We, therefore, hold that the trial court abused its discretion in refusing to transfer this cause to Polk County pursuant to Fla. Stat. § 47.122. See England v. Cook, Fla.App.1972, 256 So. 2d 403.
Reversed and remanded with directions to proceed in accordance with the views herein expressed.
Reversed and remanded.
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Citator
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Stephen C.S. HU v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983)…ded court docket and the imposition of jury duty on an uninvolved community. Cargill, Inc. v. Hartford Accident and Indemnity Co., 531 F.Supp. 710 (D.Minn.1982); Lee v. Hunt, 410 F.Supp. 329, 335 (M.D.La.1976); Peterson, Howell & Heather v. O’Neill, 314 So. 2d 808, 810 (Fla. 3rd DCA 1975). No evidence was submitted as to the condition of the court docket, although it is clear that Walton County is the situs of this action. Without more, weighing the convenience of the attorneys (a factor favoring the appella…
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Alphonse Della-Donna v. Gore Newspaper Co., 390 So. 2d 87 (Fla. 3d DCA 1980)…mpact of those wrongs took place, we find no abuse of discretion in that ruling. Kelly-Springfield Tire Co. v. Moore, 355 So. 2d 451 (Fla. 3d DCA 1978); Hertz Corp. v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976); Peterson, Howell & Heather v. O'Neill, 314 So. 2d 808 (Fla. 3d DCA 1975); England v. Cook, 256 So. 2d 403 (Fla. 3d DCA 1972); see, McMichael v. Harris, 127 Fla. 861, 174 So. 323 (1937); Gaboury v. Flagler Hospital, Inc., 316 So. 2d 642 (Fla. 4th DCA 1975); Florida East Coast R. Co. v. Hardee, 167 So. 2…
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Fla. Patient's Comp. Fund v. Fla. Physicians' Ins. Reciprocal, 507 So. 2d 778 (Fla. 3d DCA 1987)…abused its discretion with respect to “the convenience of the parties” or “the interests of justice,” these being abstract concepts which must be weighed by the trial court according to the facts of each case, Peterson, Howell & Heather v. O’Neill, 314 So. 2d 808 (Fla. 3d DCA 1975). Furthermore, the record supports the trial court’s order for a change of venue based upon the convenience of the key witnesses, which has been held to be “the single most important consideration of the three statutory factors,” H…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Greyhound Corp. v. Rosart, 124 So. 2d 708 (Fla. 3d DCA 1960)
- S. Ry. Co. v. McCUBBINS, 196 So. 2d 512 (Fla. 3d DCA 1967)
- England v. Cook, 256 So. 2d 401 (Fla. 3d DCA 1972)