21 Fla. L. Weekly Supp. 705a
Online Reference: FLWSUPP 2107HUNDInsurance — Venue — Motion to transfer venue that is not sworn and is not accompanied by supporting affidavit is denied without prejudice
PREMIER MILLER AUTO INJURY CENTERS DBA MILLER CHIROPRACTIC CENTER INC, as Assignee of Jamila Hundley, Plaintiff, v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COWE 13-001438, Division COSO 81. March 13, 2014. Honorable Ian Richards, Judge. Counsel: Emilio R. Stillo and Joseph R. Pliego II, for Plaintiff. Douglas G. Brehm, for Defendant.
ORDER DENYING DEFENDANT’SMOTION TO TRANSFER VENUE
This cause came before the Court for consideration of the Defendant’s Motion to Transfer Venue, 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 December 16, 2013, the Defendant served its Motion to Transfer Venue. Although the Defendant alleges facts which it contends support its claim that venue is improper, it failed to submit the Motion under oath or with executed 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.” Suncoast Home Improvements, Inc. v. Robichaud, 106 So.3d 969 (Fla. 2d DCA 2013) [38 Fla. L. Weekly D265a]; 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] The Imaging Center of West Palm Beach LLC (a/a/o Maxwell Strassman) v. Mercury Insurance Company of Florida, 20 Fla. L. Weekly Supp. 936a (Broward County Ct. Hon. Robert W. Lee 2013); East Side Chiropractic Center Inc. (a/a/o Dexter Jones) v. United Automobile Insurance Company, 17 Fla. L. Weekly Supp. 215a (Broward County Ct. Hon Peter B. Skolnik 2010). 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 provide 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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