15 Fla. L. Weekly Supp. 1207b
Insurance — Personal injury protection — Venue — Motion to transfer venue granted
PHYSICIANS GROUP, L.L.C., as assignee of Colin Fitzgerald, Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit, Sarasota County. Case No. 2007 SC 8464 NC. September 25, 2008. Emanuel LoGalbo, Jr., Judge. Counsel: Anthony D. Barak, Sarasota, for Plaintiff. David B. Kampf, Ramey & Kampf, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION FOR CHANGE OF VENUE
This case came on for hearing on the Defendant’s Motion to Transfer Venue pursuant to Florida Statute §47.122. The Court has reviewed the pleadings and has considered the arguments of counsel. The motion is granted.
Under Section 47.122, the “interest of justice”, can be determinative. Hu vs. Crockett, 426 So.2d 1275, 1280. All of the underlying material facts occurred not in Sarasota County, but elsewhere, so as to call into serious question whether the interests of justice are achieved by litigating this case in this county.
After weighing all of the factors, this court concludes that the interests of justice are not served by maintaining the present action in Sarasota County. Therefore, the Defendant’s Motion to Transfer Venue is granted. The court reserves jurisdiction on all matters residual to this ruling.
