The 2023 Florida Statutes (including Special Session C)
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. . . . §§ 47.101, 47.122. Venue is dictated by federal law and Rules of Procedure. . . .
. . . order transferring two consolidated trust disputes from Broward County to Flagler County under section 47.122 . . . Section 47.122 provides that "[f]or the convenience of the parties or witnesses or in the interest of . . . We generally review an order transferring venue under section 47.122 for an abuse of discretion. . . .
. . . McGee , 145 So.3d 955, 957 (Fla. 1st DCA 2014) ; §§ 47.011, 47.122 & 61.13(2)(d), Fla. . . .
. . . defendants' motion to transfer venue and transferring the action to Palm Beach County, pursuant to section 47.122 . . . Dasilva, 401 So.2d 1161, 1162-63 (Fla. 3d DCA 1981) : Under Section 47.122... a defendant seeking a change . . .
. . . Appellants"), appeal from a non-final order denying their motion to transfer venue pursuant to section 47.122 . . . Appellants, except Naples HMA, filed motions to transfer venue to Collier County pursuant to section 47.122 . . . that venue was proper in Miami-Dade County and that Appellants had not met their burden under section 47.122 . . . STANDARD OF REVIEW An order denying a motion to transfer venue under section 47.122, Florida Statutes . . . Section 47.122, however, authorizes a court to "transfer any civil action to any other court of record . . . Section 47.122, Florida Statutes (2016), "Change of venue; convenience of parties or witnesses or in . . . seven defendants filed motions to transfer venue from Miami-Dade County to Collier County under section 47.122 . . . Section 47.122 commands attention to three considerations: (1) the convenience of the parties; (2) the . . . This Court, too, has relied on section 47.122 and the "interest of justice" to support the transfer of . . .
. . . dismissal-is the proper remedy where the trial court determines that there is a more convenient forum, see § 47.122 . . .
. . . Section 47.122, Florida Statutes (2016), which addresses forum non conveniens, states, “For the convenience . . .
. . . : This Court reviews orders denying motions to transfer venue for an abuse of discretion. ‘ Section 47.122 . . . may transfer any civil action to any other court of. record in which it might have been brought.” § 47.122 . . . three statutory factors a court considers in determining whether to grant a motion pursuant to section 47.122 . . .
. . . Legal Analysis Section 47.122, Florida Statutes (2015), provides: “For the convenience of the parties . . . Section 47.122, as well as the case law interpreting the statute, identifies three distinct factors to . . . “The decision to transfer venue based upon Section 47.122 is one which is within the sound discretion . . . transferring the lawsuit to Indian River County based on all three of the factors identified in section 47.122 . . .
. . . Section 47.122, Florida Statutes (2015), provides as follows and frames the trial court’s analysis of . . .
. . . .” § 47.122, Fla. Stat. (2015); see Cono, 190 So.3d at 1153; J.L.S. v. . . . The court should consider these rules, in addition to section 47.122, Florida Statutes, permitting a . . . We therefore affirm but remand for the court to consider a transfer of venue pursuant to section 47.122 . . .
. . . See § 47.122, Fla. Stat. (2015); J.L.S., 708 So.2d at 295. . . .
. . . et al., appeal the trial court’s nonfinal order denying their motion to transfer venue under section 47.122 . . . Section 47.122 allows a trial court to transfer a civil action to any venue where the action might have . . .
. . . for the first time, that its motion to transfer venue was based on forum non conveniens and sections 47.122 . . . The trial court transferred venue to Miami-Dade County based only on section 47.122, forum non conveniens . . . venue based on forum non conveniens where defendants had not filed motion to transfer under section 47.122 . . . In order to consider and weigh the convenience of the witnesses under section 47.122, the court must . . .
. . . See § 47.122, Fla. . . .
. . . that the trial court did not consider ILD’s argument for a transfer of venue on the basis of section 47.122 . . . In the alternative, they argued under section 47.122 that the trial court should transfer venue to St . . . Thus, the only issue is the denial of ILD’s motion that sought a transfer of venue under section 47.122 . . . The trial court exercises its discretion in determining whether to transfer venue under section 47.122 . . . The trial court either failed to rule on ILD’s argument under section 47.122 or erred in denying ILD’ . . .
. . . Universal did not raise the defense of improper venue, it could still seek to transfer venue under section 47.122 . . . convenience of the parties, (2) the convenience of the witnesses, and (3) the interest of justice. § 47.122 . . . court may not ignore the three pertinent factors when deciding whether a venue transfer under section 47.122 . . . 808 (Fla. 3d DCA 1975), held that the circuit court abused its discretion when it denied a section 47.122 . . . The court abused its discretion when refusing to grant Universal’s motion pursuant to section 47.122. . . .
. . . . § 47.122, Fla. Stat. (emphasis added). See also § 61.13(2)(d), Fla. Stat. . . . (providing that in modification proceedings “[t]he court may change the venue in accordance with s. 47.122 . . . “Prior to granting a change of venue pursuant to section 47.122, a trial court must make a finding of . . . relevant factors[,]” the fact remains that the court did not consider the applicability of section 47.122 . . . transfer a case to “any other court of record in which [the proceeding] might have been brought.” § 47.122 . . .
. . . deposition and, shortly thereafter, in December 2012, filed a motion to transfer venue pursuant to section 47.122 . . . defendant tobacco companies have, therefore, moved to transfer venue to Duval County under section 47.122 . . . speculation, before a court may “properly weigh the convenience of all of the key witnesses under section 47.122 . . . for disturbing the plaintiffs forum choice: The trial court’s discretion to transfer under Section 47.122 . . . deposition and, shortly thereafter, in December 2012, filed a motion to transfer venue pursuant to section 47.122 . . . Section 47.122 provides: “For the convenience of the parties or witnesses or in the interest of justice . . . Section 47.122 itself, as well as our case law interpreting the statute, espouses three distinct factors . . . See § 47.122 (using the word “or” to refer to the three factors in the disjunctive). . . .
. . . See § 47.122, Fla. . . .
. . . his allegedly addictive cigarette smoking, appeal from an order transferring the case under section 47.122 . . . record may transfer any civil action to any other court of record which it might have been brought.” § 47.122 . . .
. . . I note that the body of East Coast’s motion is similar to a motion to transfer pursuant to section 47.122 . . . expressly seek a transfer of venue based on convenience to the parties or witnesses pursuant to section 47.122 . . .
. . . Yeatts’ counsel made no mention of moving the case to Hillsborough County pursuant to section 47.122, . . . legally supportable venue motion, i.e., one that raised the only viable ground, which was a section 47.122 . . . That is what section 47.122 says; but as Stewart points out, venue can only be changed under section . . . 47.122 “upon a proper showing.” . . . A trial court may sua sponte raise the issue of forum non conveniens under section 47.122; however, it . . . regarding the venue in paternity action, and does allow the court to consider a change of venue based on 47.122 . . . The court reiterated Appellant’s contention that, based on section 47.122, it could transfer the action . . . Although venue in Putnam County was not improper, pursuant to section 47.122, Florida Statutes, the trial . . .
. . . AWA subsequently filed a motion to transfer venue pursuant to section 47.122, Florida Statutes (2010) . . . An order transferring venue pursuant to section 47.122 is reviewed for abuse of discretion. . . .
. . . defendants’ argument on appeal that the change of venue should have been affirmed based on section 47.122 . . . “The party seeking the transfer [pursuant to section 47.122] bears the burden of showing substantial . . . Accordingly, this Court cannot evaluate at this time whether a motion to transfer pursuant to section 47.122 . . .
. . . See §§ 47.011, .021, .051-061; see also § 47.122 (“For the convenience of the parties or witnesses or . . .
. . . a non-final order denying its motion to transfer venue to Bay County, Florida, pursuant to section 47.122 . . . Bay County, Florida, filed pursuant to Florida’s statutory forum non-conveniens provision, section 47.122 . . .
. . . The defendants filed motions to transfer venue, pursuant to section 47.122, Florida Statutes (2009). . . . Section 47.122 governs the transfer of venue from one Florida county to another on the basis of forum . . . may transfer any civil action to any other court of record in which it might have been brought.” § 47.122 . . . three statutory factors a court considers in determining whether to grant a motion pursuant to section 47.122 . . .
. . . .” § 47.122. . . .
. . . Rather, section 61.13(2)(d) provides that the court may change the venue in accordance with section 47.122 . . . originally been brought for the convenience of the parties or witnesses, or in the interest of justice. § 47.122 . . .
. . . sua sponte raise the question of whether venue should be transferred to another county under section 47.122 . . . Because the defendants had not filed a motion to transfer for forum non conveniens under section 47.122 . . . The defendants had not filed a motion to transfer under section 47.122, Florida Statutes (1997), nor . . . See § 47.122, Fla. Stat. Palm Beach County was a proper venue for these multiple causes of action. . . .
. . . and a request for transfer of venue for the convenience of the parties and witnesses under section 47.122 . . .
. . . Michelin each filed a motion to transfer venue seeking transfer to Columbia County pursuant to section 47.122 . . . A trial court’s denial of a motion to transfer venue pursuant to section 47.122, Florida Statutes, is . . . Section 47.122 provides: For the convenience of the parties or witnesses or in the interest of justice . . . three statutory factors a court considers in determining whether to grant a motion pursuant to section 47.122 . . . Thus, the most important factor under Section 47.122-convenience of the witnesses-weighs heavily in favor . . .
. . . findings on the motion to transfer venue based on the convenience of the witnesses as provided by section 47.122 . . .
. . . Section 47.122, Florida Statutes (2008), provides that “[f]or the convenience of the parties or witnesses . . . Prior to granting a change in venue pursuant to section 47.122, a trial court must make a finding of . . . providing that in modification proceedings, "[tjhe court may change the venue in accordance with s. 47.122 . . .
. . . The forum non conveniens statute, section 47.122, Florida Statutes (2008), provides that “[flor the convenience . . .
. . . Cooper Tire, joined by Ford, moved to transfer venue to Lee County, pursuant to section 47.122, Florida . . . The sole issue for our determination is whether, pursuant to section 47.122, the trial court abused its . . . However, section 47.122 authorizes any court of record to “transfer any civil action to any other court . . . Section 47.122 provides: Change of venue; convenience of parties or witnesses or in the interest of justice . . .
. . . privilege by the Trust Fund and the Department, Levy County filed a motion to transfer venue under section 47.122 . . .
. . . . § 47.122, Fla. Stat. (2008). . . . . § 47.122, Fla. Stat. (2008). . . .
. . . .” § 47.122, Fla. Stat. (2007). . . .
. . . entered an order transferring the case to the circuit court in Bay County, in accordance with section 47.122 . . .
. . . . §§ 47.011, 47.122, Fla. Stat. (2006); Smith v. . . .
. . . The court may change the venue in accordance with s. 47.122. . . . The trial court may also transfer venue under section 47.122, Florida Statutes (2007), for the purpose . . . Section 47.122, Florida Statutes (2007) provides: For the convenience of the parties or witnesses or . . .
. . . The motion was filed pursuant to section 47.122, Florida Statutes (2006). . . .
. . . pointed out that the case involved a transfer to a foreign jurisdiction, and did not involve section 47.122 . . . The second district went on to apply section 47.122, Florida Statutes (1995): For the convenience of . . . Kinney, as we explained earlier, did not involve intrastate transfers, which are governed by section 47.122 . . . that the trial court did not abuse its discretion in denying the motion to change venue under section 47.122 . . . certifying direct conflict with Westchester, because the Westchester panel did correctly cite section 47.122 . . .
. . . court’s non-final order denying its motion to transfer venue for forum non conveniens under section 47.122 . . . Section 47.122, Florida Statutes (2006), provides: “For the convenience of the parties or witnesses or . . . “The most important consideration of the three statutory factors in section 47.122 is the convenience . . . examine whether venue was proper under section 47.051 rather than forum non conveniens under section 47.122 . . .
. . . the Hospital challenges a non-final order denying its motion to transfer venue pursuant to section 47.122 . . . convenience of the parties or witnesses or in the interest of justice,” as provided for in section 47.122 . . . not controlling because it does not apply to motions to transfer venue within Florida under section 47.122 . . . Maita, 571 So.2d 24, 25 n. 1 (Fla. 2d DCA 1990) (observing that section 47.122 contains no time limitation . . . Section 47.122 provides, “For the convenience of the parties or witnesses or in the interest of justice . . .
. . . sought the transfer of venue from Palm Beach County to Alachua County based on Florida Statutes section 47.122 . . .
. . . judgment terminating parental rights, unless a motion for change of venue is granted pursuant to s. 47.122 . . .
. . . Section 47.122, Florida Statutes (2005), also plays a part in the decision making process. . . . Courts have, accordingly, followed the same general procedures in applying section 47.122 and Rule 1.061 . . . This court has held that under section 47.122 a plaintiffs forum selection is presumptively correct, . . .
. . . The plaintiff contends that, pursuant to section 47.122, Florida Statutes (2005), the trial court was . . . We conclude that the plaintiffs reliance on section 47.122 is, however, misplaced. . . . Section 47.122 is Florida’s forum non con-veniens statute and the complaint in this case was dismissed . . . Thus, section 47.122 is inapplicable. . . .
. . . Nationwide moved to transfer venue to Pennsylvania for convenience of the witnesses under section 47.122 . . .
. . . venue under section 47.011, Florida Statutes (2001), or the convenience of the parties under section 47.122 . . .
. . . defendants below, appeal an order denying a transfer of venue to Ala-chua County pursuant to section 47.122 . . . be brought in a county in which a foreign corporation maintains an agent or representative, section 47.122 . . . witnesses or in the interest of justice.... ” The most important of the three statutory factors in section 47.122 . . .
. . . judgment terminating parental rights, unless a motion for change of venue is granted pursuant to s. 47.122 . . .
. . . Stat. (2002); § 47.122, Fla. Stat. (2002). . . . .
. . . See § 47.122, Fla. Stat. (1999). . . .
. . . The court may change the venue in accordance with s. 47.122[, Florida Statutes].” . . .
. . . court abused its discretion by granting the defendants’ motion to transfer venue, pursuant to section 47.122 . . .
. . . A motion based on section 47.122, Florida Statutes (2002), must be accompanied by sworn proof. . . .
. . . appeals the trial court’s order denying its motion to transfer venue due to forum non conveniens, section 47.122 . . . Pursuant to section 47.122, State Farm moved to transfer venue to Broward County due to forum non conveniens . . .
. . . Safety National Casualty Corporation’s [“Safety National”], motion to transfer venue pursuant to section 47.122 . . .
. . . Section 47.122, Florida Statutes (2000) and the cases cited by Petrol in support of this proposition . . .
. . . permitting the court in which the first petition is filed to change venue in accordance with section 47.122 . . . court to change venue for the convenience of the parties, witnesses, or “in the interest of justice.” § 47.122 . . .
. . . . § 47.122 (2000). . . .
. . . sought a dismissal of the complaint with leave to file in a more convenient venue pursuant to section 47.122 . . . The trial court properly denied the motion based on section 47.122; therefore, we affirm that ruling . . .
. . . Frederick moved to transfer and/or dismiss pursuant to section 47.122, Florida Statues, the forum non . . . Frederick’s motion to transfer/dismiss was filed solely pursuant to section 47.122 which provides: For . . . circumstances, it was an abuse of discretion to fail to transfer venue to Hillsborough County under section 47.122 . . .
. . . Although section 61.13(2)(c), Florida Statutes (1999) refers to section 47.122, Florida Statutes (1999 . . .
. . . Section 47.122, Florida Statutes (1999), allows for such an exception in its provision that a court may . . .
. . . Section 47.122, Florida Statutes (1997), authorizes transfers to promote the convenience of the parties . . .
. . . 1991), we affirmed an order transferring; venue, for the convenience of the parties,, under section 47.122 . . .
. . . Section 47.122, Florida Statutes (19&7), allows a change of venue for the convenience of the parties . . . Based on these factors, the interest of justice supports a change of venue to Polk County under section 47.122 . . .
. . . For example, if the trial court determines that it is necessary to change venue under section 47.122, . . .
. . . trial court is considering a motion to transfer venue on forum non conveniens grounds under section 47.122 . . .
. . . See § 47.122, Fla. Stat. (1997). The trial court granted the transfer of venue to Orange County. . . .
. . . The defendants had not filed a motion to transfer under section 47.122, Florida Statutes (1997), nor . . . Transfer for convenience within Florida is governed by section 47.122. . . .
. . . See § 47.122, Fla. Stat. (1997). . . . . The concept of forum non conveniens by its very nature encompasses both section 47.122 and rule 1.061 . . .
. . . In addition, section 47.122, Florida Statutes (1993), provides: 47.122 Change of venue; convenience of . . .
. . . Based upon the rationale of the eases interpreting section 47.122, Florida Statutes and the language . . .
. . . appellants challenge the trial court’s denial of their motion to transfer venue pursuant to section 47.122 . . .
. . . Based on the convenience of the parties and witnesses, pursuant to § 47.122, Florida Statutes (1997), . . . See § 47.122. Although a trial court has broad discretion to determine a venue issue, see Hu v. . . . See § 47.122, Fla. Stat. (1997). . . . DCA 1989), this court affirmed the trial court’s denial of a motion to transfer venue under section 47.122 . . . enable the trial court to properly weigh the convenience of all of the key witnesses under section 47.122 . . .
. . . bones,” it does demonstrate that the cause should be transferred to Bro-ward County pursuant to section 47.122 . . .
. . . Jacobs appeals an order transferring venue to Lee County under section 47.122, Florida Statutes (1997 . . . Second, a motion to transfer under section 47.122, Florida Statutes, is addressed to the sound discretion . . .
. . . and we remand for a hearing on the question whether venue should be transferred pursuant to section 47.122 . . . See § 47.122, Fla. Stat. (1995); Stewart v. Coleman, 413 So.2d 93 (Fla. 1st DCA 1982). . . .
. . . It is, by now, clear that a change of venue based on forum non conveniens pursuant to section 47.122, . . . Based upon the rationale of the cases interpreting section 47.122, Florida Statutes and the language . . .
. . . The issues are these: Does section 47.122, Florida Statutes, authorize this change of venue and, if so . . . Section 47.122 provides: For the convenience of the parties or witnesses or the interest of justice, . . .
. . . reversed without prejudice to the trial court’s consideration of any motion properly filed under section 47.122 . . .
. . . emphasize that Cedars did not seek, and the trial court did not order, a transfer based on section 47.122 . . . Section 47.122 authorizes a change of venue to any court where the action might have been brought “[f . . .
. . . order denying their motion for change of venue from Duval County to Putnam County pursuant to section 47.122 . . . Thus, as this suit could have been brought in Putnam County, section 47.122 would permit a change of . . . his first set of interrogatories, the appellants moved for a transfer of venue pursuant to section 47.122 . . . The most important consideration of the three statutory factors in section 47.122 is the convenience . . . Section 47.122 provides: For the convenience of the parties or witnesses or in the interest of justice . . .
. . . appellant’s motion to transfer venue from Dade County to Pinellas County, Florida, pursuant to section 47.122 . . . Section 47.122, Fla. . . .
. . . the action should be transferred to Manatee County for the convenience of the parties under section 47.122 . . .
. . . See § 47.122, Fla. Stat. (1993). . . .
. . . The court further stated that “ ‘in the interest of justice’, § 47.122, Fla.Stat. (1995), that a Dade . . . Section 47.122, Florida Statutes (1995), provides: For the convenience of the parties or witnesses or . . .
. . . 13,1995, Post 10164 filed a motion to transfer venue from Putnam to Marion County pursuant to section 47.122 . . . Starita countered that section 47.122 only allowed a venue change where the movant could demonstrate . . .
. . . Under section 47.122, Florida Statutes (1995), a court may transfer venue of an action based on convenience . . .
. . . plaintiffs venue choice in Dade County to Monroe County under the forum non conveniens statute, Section 47.122 . . . Under these circumstances, Section 47.122’s consideration of “the convenience of the parties or witnesses . . . The factors under Section 47.122 and our prior cases support not only Monroe Counly as a convenient forum . . . accident “[f]or the convenience of the parties or witnesses or in the interest of justice” under section 47.122 . . .
. . . It is “in the interest of justice,” § 47.122, Fla.Stat. (1995), that a Dade County jury, which is both . . .
. . . We reverse the trial court’s denial of the motion to change venue pursuant to section 47.122, Florida . . .
. . . ." § 47.122, Fla.Stat. (1993). . . . .