19 Fla. L. Weekly Supp. 905b
Online Reference: FLWSUPP 1911BIANInsurance — Venue — Appeals — Petition for certiorari filed more than one year after entry of challenged order denying motion to transfer venue was untimely filed
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant, v. PETER J. DORAN, D.C., P.A., A/A/O JAMIE LO BIANCO, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 10-158 AP & 10-173AP. L.C. Case No. 2009009341SP26. July 20, 2012. On Appeal from the County Court for Miami-Dade County. Gonzalez-Meyer, Judge. Counsel: Nancy Gregoire and Matthew Hellman, for Appellant. Zachary Hicks and Joel Perwin, for Appellee.
WITHDRAWN. Substituted Opinion at FLWSUPP 1913BIAN
(Before WALSH, GORDO, and HIRSCH, JJ.)
(PER CURIUM.) State Farm Mutual Automobile Insurance Co. (“State Farm”), defendant below in a lawsuit brought for insurance benefits by Dr. Peter J. Doran a/a/o Jamie Lo Bianco, seeks certiorari review of the county court’s order denying a motion to transfer venue. The parties, in their excellent briefs, describe the issue before this court as one of the interpretation of forum non conveniens. Because State Farm filed its petition for certiorari more than a year after the trial court rendered its order denying a motion for change of venue, we find this petition untimely. A petition for certiorari “shall be filed within 30 days of rendition of the order to be reviewed.” See Rule 9.100(c)(1), Fla. R. App. P.; Stormwise South Florida, Inc. v. ES Windows, LLC, 81 So. 3d 431 (Fla. 3d DCA 2012); Hoffman v. Dickerson, 692 So. 2d 316 (Fla. 5th DCA 1997) [22 Fla. L. Weekly Fed. D1098b]. Accordingly, this Petition is dismissed.1 (WALSH, J., HIRSCH, J. and GORDO, J. Concur).
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1On April 19, 2010, the Defendant/ Petitioner filed a Notice of Appeal of Final Order, attaching the trial court’s order granting final summary judgment in the case below. [17 Fla. L. Weekly Supp. 590a] However, the Defendant/ Petitioner did not challenge the final summary judgment or anything contained within it. Neither the Defendant’s notice of appeal nor the attached order address the trial court’s interlocutory order denying a change of venue. Accordingly, we decline to treat the notice of appeal of final order as a timely-filed Petition for Certiorari.
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