10 Fla. L. Weekly Supp. 464a
Insurance — Venue — Motion for change of venue granted — Motion for assessment of fees denied — Although there was no logical reason for medical provider to file suit in Collier County, it had legal right to do so
CARE MEDICAL CENTERS, INC., a/a/o Cynthia Nelson, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County, Small Claims Action. Case No. 02-2778-SP. March 13, 2003. Vincent Murphy, Judge. Counsel: Jason R. Himschoot, Vernis & Bowling of Southwest Florida, Fort Myers. Jonathan Tolentino, Divale & Tolentino, P.A., Naples.
ORDER
THE DEFENDANT’S motion to change venue to Broward County is granted. However, in light of Chapters 47.01 and 47.191, Florida Statutes, the defendant’s request that fees be assessed to plaintiff must be denied. While the court agrees that there is no logical reason for the case to have been filed in Collier County, plaintiff had a legal right to do so. The remedy for the situation lies with the legislature, not the court.
ACCORDINGLY, all costs associated with the transfer to Broward County must be borne by the defendant.
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