14 Fla. L. Weekly Supp. 687c
Insurance — Personal injury protection — Venue — Forum non conveniens — Motion to transfer venue denied
EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP as assignee of Andrew Gaines, Plaintiff, vs. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 06-SC-003073. April 24, 2006. Mark E. Herr, Judge. Counsel: Richard Oliver Hale, IV, Orlando. Neal Andrews, Orlando.
ORDER DENYING DEFENDANT’S MOTION TO TRANSFER VENUE
THIS MATTER having come before this Court on Defendant’s Motion to Transfer Venue, and this Court having heard arguments of counsel and being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1. The Defendant’s Motion to Transfer Venue is HEREBY DENIED.
2. The Plaintiff’s choice of venue is presumptively correct. The Defendant is burdened to show that the choice forum is substantially inconvenient or causes undue expense, and the Defendant has failed to meet its burden.
3. A Motion to Transfer Venue must be supported by record evidence, in the form of a sworn Motion, affidavits, or live testimony to support the Defendant’s Motion. Magee v. Liberty Mutual Insurance Company, 336 So.2d 827 (4th DCA 1979).
