19 Fla. L. Weekly Supp. 487a
Online Reference: FLWSUPP 1906DEXAInsurance — Venue — Motion to transfer venue or dismiss for forum non conveniens that is not sworn or accompanied by supporting affidavit is denied without prejudice to refiling with sworn proof
PAN AM DIAGNOSTICS CENTER, INC., (a/a/o Walas Dexaus), Plaintiff, vs. LIBERTY MUTUAL INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 11-24252 COCE 53. March 1, 2012. Robert W. Lee, Judge. Counsel: Kathy Eikosedikas, Fort Lauderdale, for Plaintiff. Michael S. Walsh, Fort Lauderdale, for Defendant.
ORDER DENYING DEFENDANT’S MOTION TOTRANSFER DUE TO IMPROPER VENUE AND/ORMOTION TO DISMISS FOR FORUM NON CONVENIENS
This cause came before the Court for consideration of the Defendant’s Motion to Transfer Due to Improper Venue and/or Motion to Dismiss for Forum Non Conveniens, and the Court’s having reviewed the Motion, the entire Court file, and the relevant legal authorities; and having been sufficiently advised in the premises, the Court finds as follows:
On January 26, 2012, the Defendant filed its Motion to Transfer and/or to Dismiss. Although the Defendant alleges many facts which it contends support its claim that venue is improper or inconvenient, it failed to submit the Motion under oath or with supporting affidavit. A plaintiff does not have the burden of defending its venue choice unless the “defendant has challenged venue with an affidavit controverting a plaintiff’s venue allegations.” Shahnasarian v. Tejedor, 41 So.3d 348, 351 (Fla. 5th DCA 2010) [35 Fla. L. Weekly D1647a]; Carenza v. Sun Int’l Hotels, Ltd., 699 So.2d 830, 832 (Fla. 4th DCA 1997) [22 Fla. L. Weekly D2300d]. In the Court’s view, it is unfair to require a plaintiff to anticipate what sworn evidence, if any, a defendant will produce at a hearing if the defendant has failed to attach such affidavit or sworn proof to the Motion. Accordingly, it is hereby.
ORDERED AND ADJUDGED that the Defendant’s Motion is DENIED without prejudice to refiling with sworn proof, if desired.
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