22 Fla. L. Weekly Supp. 1069
aOnline Reference: FLWSUPP 2209BARRInsurance — Personal injury protection — Venue — Under small claims rules applicable at time action was filed, venue was proper in county where payment was due — Insurer has not established substantial inconvenience warranting transfer of venue
EMERGENCY MEDICAL ASSOCIATES OF TAMPA BAY, L.L.C., as assignee of Monica Barrios, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2014 32215 COCI, Division 82. March 13, 2015. Angela A. Dempsey, Judge. Counsel: Billie Bellamy, Bradford Cederberg, P.A., Orlando, for Plaintiff. David R. Hwalek, Tampa, for Defendant.
ORDER
THIS MATTER having come before this Honorable Court on and this Honorable Court having heard arguments of counsel and being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1. Venue is established at the point in time when suit is commenced. An action is commenced when the Complaint is filed. Based upon the amount at issue, this matter was commenced under the Florida Small Claims Rules. The Florida Small Claims Rules governed this matter until the Order invoking the Rules of Civil Procedure was executed on December 11, 2014.
2. This Court finds that at the point in time of the filing of the Complaint, venue was proper in Volusia County pursuant to Florida Small Claims Rule 7.060(a)7., which provides that “[i]n an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.” Relying on the Health Insurance Claim Form of the Plaintiff, this Court finds that pursuant to Box 33 of the Form, payment is due in Volusia County. This Court further finds that the damages at issue in this litigation are liquidated.
3. A Plaintiff’s forum selection is presumptively correct. The burden is on the defendant to establish before the trial court that either substantial inconvenience or undue expense requires a change for the convenience of the parties or witnesses. Safety Nat. Cas. Corp. v. Florida Mun. Ins. Trust, 818 So.2d 612 (Fla. 5th DCA 2002) [27 Fla. L. Weekly D1172c]
4. At this time, Defendant has not submitted sufficient evidence to establish a substantial inconvenience that would warrant transferring venue from Volusia County, Florida to Hillsborough County, Florida
5. Additionally, legal issues should be resolved prior to transferring a case based upon Fla. Stat. 47.122. Safety Nat. Cas. Corp. v. Florida Mun. Ins. Trust, 818 So.2d 612 (Fla. 5th DCA 2002) [27 Fla. L. Weekly D1172c]. Once legal issues are resolved, if factual issues remain at that time, the Defendant may again bring its Motion to Transfer Venue before this Court.
6. Defendant’s Motion to Transfer Venue to Hillsborough County is Denied Without Prejudice.
