22 Fla. L. Weekly Supp. 827a
Online Reference: FLWSUPP 2207DOWNInsurance — Venue — Insurer waived right to object to venue by failing to appear at pre-trial conference and challenge venue or submit affidavit at least seven days prior to pre-trial conference — Venue is proper in county where money is due — Motion to dismiss denied — Motion for transfer for convenience of parties or witnesses is denied, as insurer has failed to establish substantial inconvenience
EMERGENCY PHYSICIANS, Inc. d/b/a EMERGENCY RESOURCES GROUP, as assignee of Taylor Downing, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2014 32720 COCI. January 12, 2015. Angela Dempsey, Judge. Counsel: William England, Bradford Cederberg, P.A., Orlando, for Plaintiff. David R. Hwalek, Tampa, for Defendant.
ORDER
THIS MATTER having come before this Honorable Court on 12/31/2014 on Defendant’s Motion to Dismiss or in the Alternative, Motion to Transfer Venue 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. Defendant’s Motion to Dismiss is hereby Denied.
2. Defendant waived the right to allege improper venue by failing to appear at the Pre-Trial Conference and challenge venue or submitting an Affidavit at least seven days prior to the Pre-Trial Conference.
3. Additionally, this Court finds that Venue is proper in Volusia County pursuant to Florida Small Claims Rule 7.060(a)7., which states “In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.” This Court finds that pursuant to Box 33 of Plaintiff’s CMS-1500 Health Insurance Claim Form, payment is due in Volusia County.
4. Defendant has failed to submit sufficient evidence to establish a substantial inconvenience that would warrant a transfer pursuant to Florida Statute §47.122, therefore Defendant’s Motion to Transfer is Denied without prejudice.
