THE HERTZ CORPORATION, APPELLANT,
v.
MARCIA RENTZ ET AL., APPELLEES
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The trial court abused its discretion in denying a motion for change of venue when the accident occurred in Jackson County and most witnesses and connections were there, with only a corporate agent in the county of suit.
A suit was filed in Orange County for personal injuries from an automobile accident in Jackson County. The defendant sought a venue change to Jackson …
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OWEN, Judge.
This suit was filed in Orange County, seeking damages for personal injuries arising out of an automobile accident occurring in Jackson County, Florida. A defendant seeks review of an order denying its motion for change of venue from Orange to Jackson County pursuant to Fla. Stat. § 47.122 (1973).
A motion for change of venue pursuant to this statute is addressed to the sound judicial discretion of the court. The exercise of that discretion will not be disturbed except upon a clear showing of abuse. Gaboury v. Flagler Hospital, Inc., 316 So. 2d 642 (Fla.App.4th, 1975).
The defendants are all nonresidents. The plaintiffs reside in Gadsden County (adjacent to Jackson County). Two eyewitnesses to the automobile accident and two other potential witnesses who arrived on the accident scene within an hour all reside in Jackson County. The accident was investigated by police officers in Jackson County. Some medical treatment was administered to plaintiffs in Jackson County by physicians located there. Additionally, plaintiffs received medical treatment by physicians located in South Georgia and in Tallahassee, Florida. Two eyewitnesses reside in the State of Oklahoma. The only connection which Orange County has with the case is that the nonresident corporate defendant has an agent or representative there.
Under the above facts we conclude (as did the court in Peterson, Howell & Heather v. O'Neill, 314 So. 2d 808 (Fla.App.3rd, 1975) on closely analogous facts) that the trial court abused its discretion in denying the motion for change of venue pursuant to Fla.Stat. § 47.122 (1973). The order is reversed and the cause remanded for further proceedings consistent herewith.
Reversed and remanded.
MAGER and DOWNEY, JJ., concur.
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Cited By (18 total)
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The Kelly-Springfield Tire Co. v. Noreene Moore, 355 So. 2d 451 (Fla. 3d DCA 1978)…roperly suited in the Tenth Judicial Circuit in and for Highland County and the court abused its discretion in denying the motion for change of venue. Gaboury v. Flagler Hospital, Inc., 316 So. 2d 642 (Fla. 4th DCA 1975); Hertz Corporation v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976). See also Tankel v. Seiberling Rubber Co., 95 F.Supp. 987 (N.D.Cal., S.D.1951) construing the Federal forum non-conveniens statute, 28 U.S.C. § 1404(a). Accordingly, the order appealed from is reversed and remanded with directio…
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Alphonse Della-Donna v. Gore Newspaper Co., 390 So. 2d 87 (Fla. 3d DCA 1980)…here the alleged wrongs were committed, and where the predominant adverse impact 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.…
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Burger King Corp. v. Koeppel, 564 So. 2d 209 (Fla. 3d DCA 1990)…orida Patient’s Compensation Fund v. Florida Physicians’ Ins. Reciprocal, 507 So. 2d 778 (Fla. 3d DCA 1987); Hu v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983); Hughes Supply, Inc. v. Pearl, 403 So. 2d 614 (Fla. 4th DCA 1981); Hertz Corp. v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976); see Braun v. Stafford, 529 So. 2d 735 (Fla. 4th DCA 1988); see also Della-Donna v. Gore Newspaper Co., 390 So. 2d 87 (Fla. 3d DCA 1980); Kelly-Springfield Tire Co. v. Moore, 355 So. 2d 451 (Fla. 3d DCA 1978). In the instant cas…1 / 2
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gaboury v. Flagler Hosp., Inc., 316 So. 2d 642 (Fla. 4th DCA 1975)
- Peterson v. O'Neill, 314 So. 2d 808 (Fla. 3d DCA 1975)