14 Fla. L. Weekly Supp. 105a
Insurance — Personal injury protection — Venue — Forum non conveniens — Where medical provider’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
PREMIER HEALTH SERVICE, a/a/o NICOLETTE MCGUIRE, Plaintiff, vs. PROGRESSIVE AUTO PRO INS. CO., Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 04-SC-1862. October 5, 2006. John R. Sloop, Judge. Counsel: George Milev, Adams & Diaco, P.A., Tampa. Michael A. Mills.
ORDER ON DEFENDANT’S MOTION TO TRANSFER VENUE
THIS CAUSE, having come before the Court on Defendant’s Motion to Transfer Venue on October 4, 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 of the crash, residence of patient/assignor, location of treatment, Plaintiff’s offices, and witnesses are elsewhere. 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. 2DCA 2000); Peterson, Howell and Heather v. O’Neill, 314 So.2d 808, (Fla. 2DCA 1975); C.S. Hu v. Crockett, 436 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.
3. In light of this order, this Court will not address Defendant’s Motion for Partial Summary Judgment.
