THE KELLY-SPRINGFIELD TIRE COMPANY, A FOREIGN CORPORATION, APPELLANT,
v.
NOREENE MOORE, ETC., ET AL., APPELLEES
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Kelly-Springfield Tire Company appealed the denial of its motion to change venue in a wrongful death action filed in Dade County. The Third District Court of Appeal reversed, holding that the trial court abused its discretion in refusing to transfer the case to Highlands County, where the accident occurred and where witnesses and parties were located.
The court held that the trial court abused its discretion in denying the motion for change of venue. The court concluded that in the interest of justice and for the convenience of the parties and witnesses, venue was more properly suited in the Tenth Judicial Circuit in Highlands County.
[1] A trial court abuses its discretion by denying a motion to transfer venue when the chosen forum lacks any nexus with the accident, parties, or witnesses, and the only con…
[2] Venue should be transferred to the county where an automobile accident occurred if both parties are non-residents and the accident location is the only significant connec…
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Join FLexlaw to unlock all legal intelligence“For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought.”
Statutory standard governing venue transfers under Florida law that the court applied to determine if discretion was abused
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Join FLexlaw to unlock all legal intelligenceNoreene Moore, as personal representative of her deceased husband's estate, sued Kelly-Springfield Tire Company in Dade County Circuit Court for wrong…
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PER CURIAM.
This is an interlocutory appeal by appellant/defendant Kelly-Springfield Tire Company, from an order in a wrongful death action denying its motion for change of venue.
Appellee/plaintiff, Noreene Moore, as personal representative of her deceased husband’s estate, filed a wrongful death action against appellant in Dade County Circuit Court. The complaint alleged that appellee’s husband was killed when a tire manufactured by appellant exploded while the deceased, a City of Sebring police officer, was driving a city police cruiser on State Road 25, one-tenth of a mile north of Sebring.
Appellant filed a “motion for change of venue or for transfer of cause” contending that “the 10th Judicial Circuit in Sebring, Florida, is the proper venue and most convenient venue for disposition of this cause.” The trial judge denied the motion and this interlocutory appeal was taken.
The sole issue for our determination in this appeal is whether, pursuant to Section 47.122, Florida Statute (1975), the court abused its discretion in denying appellant’s motion for a change of venue. Based upon the facts that are set forth below, it is our opinion that the court did abuse its discretion, warranting our reversal of the order appealed from.
Section 47.122, Florida Statutes (1975) provides that:
“For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought.”
With the above statute in mind, the facts reveal that the fatal accident occurred outside the City of Sebring; that the alleged defective tire was sold and mounted on the police cruiser by Yarbrough Tire Service of Sebring; that appellees, and all parties represented by appellees, are presently residents of Sebring; and that the material witnesses to the accident (rescue squad personnel, treating physicians; investigative police officers, etc.) are residents of Se-bring. As such, it is our opinion that in the interest of justice and for the convenience of the parties and witnesses, venue is more properly 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 directions to transfer the cause to the Circuit Court of the Tenth Judicial Circuit.
Reversed and remanded with directions.
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Citator
Cited By (18 total)
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Tucker v. Chantal Fianson, 484 So. 2d 1370 (Fla. 3d DCA 1986)…the accident. Hopkins v. Lockheed Aircraft Corp., 201 So. 2d 743 (Fla.1967); Majestic II, Enterprises, Inc. v. Butler, 372 So. 2d 548 (Fla. 3d DCA 1979); Kilpatrick v. Boynton, 374 So. 2d 557 (Fla. 4th DCA 1979); Kelly-Springfield Tire Co. v. Moore, 355 So. 2d 451 (Fla. 3d DCA 1978); Perry Building Systems, Inc. v. Hayes & Bates, Inc., 361 So. 2d 443 (Fla. 1st DCA 1978); Walt Disney World Co. v. Leff, 323 So. 2d 602 (Fla. 4th DCA 1975). [emphasis original] Similarly, although the court in Gaboury v. Flagler…
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Alphonse Della-Donna v. Gore Newspaper Co., 390 So. 2d 87 (Fla. 3d DCA 1980)…(1979). Since Broward is where all the parties reside, where 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 S…
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Pearson v. Wallace Aviation, Inc., 400 So. 2d 50 (Fla. 5th DCA 1981)…the accident. Hopkins v. Lockheed Aircraft Corp., 201 So. 2d 743 (Fla.1967); Majestic II, Enterprises, Inc. v. Butler, 372 So. 2d 548 (Fla. 3d DCA 1979); Kilpatrick v. Boynton, 374 So. 2d 557 (Fla. 4th DCA 1979); Kelly-Springfield Tire Co. v. Moore, 355 So. 2d 451 (Fla. 3d DCA 1978); Perry Building Systems, Inc. v. Hayes & Bates, Inc., 361 So. 2d 443 (Fla. 1st DCA 1978); Walt Disney World Co. v. Leff, 323 So. 2d 602 (Fla. 4th DCA 1975). In Hopkins and Kelly-Springfield there were allegations (as in this case)…
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)
- S.C. Ins. Co. v. Pasalodos, 326 So. 2d 216 (Fla. 4th DCA 1976)
- The HERTZ Corp. v. Rentz, 326 So. 2d 216 (Fla. 4th DCA 1976)