13 Fla. L. Weekly Supp. 1021a
Insurance — Automobile — Venue — Forum non conveniens — Where windshield repair company’s only nexus with county where suit was filed is fact that insurer does business there, and substantially all other aspects of case are elsewhere, motion to transfer venue is granted
800 A-1 GLASS, LLC, by assignment of benefit from MELISSA HENDERSON, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 06-SC-0304. July 24, 2006. John R. Sloop, Judge. Counsel: George Milev, Adams & Diaco, P.A., Tampa. Barbara Cowherd.
ORDER ON DEFENDANT’S MOTION TO TRANSFER VENUE
THIS CAUSE having come before the Court on Defendant’s Motion to Transfer Venue on May 17, 2006, the Court having heard arguments by counsel for Plaintiff and Defendant and otherwise being fully advised in the premises, finds the following:
Plaintiff’s forum of choice is suspect when only nexus to Seminole County is the fact that the Defendant does business there and substantially all other aspects of the case, i.e.; location where glass damage occurred, residence of insured/assignor, location of the windshield repair, Plaintiff’s offices, and witnesses are elsewhere.
Forum shopping is a viable concern since there is only one County Judge to hear all civil cases in Seminole County, Florida, instead of the prior random assignment among the five sitting County Judges.
Additionally, Seminole County is devoting substantial resources to address and resolve a very large number of cases whose only connection is that the Defendant’s insurance companies “do business there.”
Substantial inconvenience to witnesses and a corresponding undue expense concern have been carefully weighed by the Court. However, the burden taxed against Seminole County is of equal concern and cannot be overlooked: State Farm Fire and Casualty Company v. Beth Ann Sosnowski,836 So. 2d 1099 (Fla. 5DCA 2003); E. I. Dupont DeNemours and Company v. Fuzzell,681 So. 2d 1195 (Fla. 2DCA 1966); The Hertz Corporation v. Marcia Rentz,326 So. 2d 216 (Fla. 4DCA 1976); Avis Rent a Car System, Inc. v. Broughton,672 So. 2d 656, (Fla. 4DCA 1996); Peterson, Howell and Heather v. O’Neill, 314 So. 2d 808 (Fla. 2DCA 1975); C.S. Hu v. Crockett, 426 So. 2d 1275 (Fla. 1DCA 1983).
In consideration of all factors and the interests of justice this case is transferred to Orange County, Florida. It is therefore
ORDERED AND ADJUDGED:
1. This case is transferred to Orange County, Florida.
2. Defendant shall pay all required fees.
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