12 Fla. L. Weekly Supp. 1074a
Insurance — Personal injury protection — Venue — Forum non conveniens — Where insurer whose claims office is located in Hillsborough County will be substantially inconvenienced and incur undue expense in defending suit in Orange County, Sumter County is convenient forum for matter since insured lives in and had accident in that county, and parties and witnesses have no connection or contact with Orange County, venue is transferred from Orange County to Sumter County
EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, as assignee of Antwan Johnson, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 05-SC-4177. August 24, 2005. Antoinette Plogstedt, Judge. Counsel: Richard Oliver Hale, IV, Orlando. Eric Biernacki, Adams & Diaco, Orlando.
ORDER
This matter having been considered before the Honorable Antoinette Plogstedt on Defendant’s Motion to Dismiss and/or Motion to Transfer Venue and Motion for Protective Order, Plaintiff’s Motion to Compel Deposition, Plaintiff’s Motion to Strike Affidavit, and Plaintiff’s Motion to Continue Hearing on Defendant’s Motion to Transfer Venue on August 16, 2005, and the Court having heard the argument of counsel, and being otherwise fully advised in the premises, finds that the undisputed material facts are as follows:
1. Plaintiff is a healthcare provider which allegedly rendered treatment to Antwan Johnson for injuries allegedly sustained in a motor vehicle accident which occurred on or about November 3, 2004, in Sumter County, Florida.
2. At all times material to this Complaint, Antwan Johnson lived in Sumter County, Florida.
3. The medical treatment at issue in this matter occurred in Lake County, Florida.
4. The Claims Branch Office for PROGRESSIVE in this matter is located in Hillsborough County, Florida.
5. Sumter County is a convenient forum for this matter for the reasons stated above. Antwan Johnson, the medical witnesses, and PROGRESSIVE have no connection or contact with Orange County
regarding this matter as stated above. See Stanek v. State Farm Mutual Automobile Insurance Co., 9 Fla. L. Weekly Supp. 210 a (9th Judicial Cir. Appellate, November 30, 2001).
6. Progressive will be substantially inconvenienced and incur undue expense to defend Plaintiff’s lawsuit against Progressive in Orange County, Florida, as attested to in the Affidavit of Litigation Specialist filed in support of Defendant’s Motion to Dismiss and/or Motion to Transfer Venue and Motion for Protective Order.
Accordingly, it is hereby
ORDERED and ADJUDGED that Defendant’s Motion to Dismiss and/or Motion to Transfer Venue and Motion for Protective Order is GRANTED. This case will be transferred to Sumter County; it is further
ORDERED and ADJUDGED that Plaintiff’s Motion to Compel Deposition is DENIED; it is further
ORDERED and ADJUDGED that Plaintiff’s Motion to Strike Affidavit is DENIED; it is further
ORDERED and ADJUDGED that Plaintiff’s Motion to Continue Hearing on Defendant’s Motion to Transfer Venue is DENIED; it is further
ORDERED and ADJUDGED that Defendant will pay the applicable transfer fees and has 45 days from the date of this order to transfer this case to Sumter County.
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