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GARY H. WEISS, D.C., DABFE As assignee of Dennis Best, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 1021c

Insurance — Personal injury protection — Venue — Insurer’s motion to transfer venue is denied where nexus to county is established by location of medical provider’s residence, medical practice and corporation and fact that correspondence relating to claim was sent to and from county

GARY H. WEISS, D.C., DABFE As assignee of Dennis Best, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 06-SC-930-19-S. August 7, 2006. John R. Sloop, Judge. Counsel: Roy J. Smith, IV, Weiss Legal Group, P.A., Maitland, for Plaintiff. Michael Liebgold, St. Petersburg, for Defendant.

ORDER REGARDING DEFENDANT’S MOTION TO TRANSFER VENUE

This cause having been heard on June 14, 2006 regarding Defendant’s Motion to Transfer Venue and after review of the file and hearing argument from counsel it is hereby found asfollows:

1. Plaintiff is a resident of Seminole County.

2. Dr. Weiss is a chiropractic physician practicing in Seminole County.

3. Dr. Weiss’s corporation is primarily located in Seminole County.

4. The bill at issue was sent from Seminole County.

5. Defendant’s partial payment of the bill at issue was sent to Seminole County.

6. Plaintiff’s 15 day demand letter was sent from Seminole County.

7. Defendant’s response to the 15 day demand letter was sent to Seminole County.

8. As such, this case does have a nexus to Seminole County.

IT IS HEREBY ORDERED AND ADJUDGED:

1. Defendant’s Motion to Transfer Venue is hereby DENIED.

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