24 Fla. L. Weekly Supp. 240a
Online Reference: FLWSUPP 2403FIGUInsurance — Venue — Where insurer that is foreign corporation has local office and in-house attorneys in Broward County, insurer has agent or other representative in county making venue proper there — Forum non conveniens — Affidavit averring that insurer’s glass department manager lives in Georgia fails to establish that Broward County is substantially more inconvenient than any other Florida county
BROWARD INSURANCE RECOVERY CENTER, LLC, a/a/o Kathy Figuerda, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY, GEICO CASUALTY COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COWE 14-004262 (82). May 31, 2016. Alan R. Marks, Judge. Counsel: Andrew Davis-Henrichs, Emilio R. Stillo, Pliego & Stillo, P.A., Davie, and Lawrence Kopelman, P.A., for Plaintiff. Frank A. Zacherl andVanessa S. Septien, Shutts & Bowen, LLP, for Defendant.
ORDER DENYING DEFENDANT’SMOTION FOR CHANGE OF VENUE
THIS CAUSE came before the Court for consideration on the Defendant’s Motion for Change of Venue on February 9, 2016, and the Court having reviewed the Motion; Defendant’s memorandum in support; Plaintiff’s memorandum of law in opposition; the entire Court file; the relevant legal authorities; and having been sufficiently advised in the premises, the Court finds as follows:
Background: The Plaintiff filed its complaint in Broward County, Florida. The Defendant filed a Motion for Change of Venue, wherein Defendant seeks to change venue to an alternative Florida county court.
The parties agree Defendant is a foreign corporation.
According to Fla. Stat. §47.051, “[a]ctions against a foreign corporation doing business in this state shall be brought in the county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located.” It is undisputed that both the cause of action and where the property in litigation is located are outside Broward County. Therefore, the crux of the argument is whether Defendant has an agent or other representative in Broward County.
Conclusions of law: In opposition to Defendant’s motion, Plaintiff filed evidence including photographic evidence of an office building located in Broward County with very large prominent letters reading, “GEICO” and “GEICO Local Office.” Additionally, the Plaintiff filed pleadings from a GEICO local office which indicates GEICO has local in-house attorneys in Broward County. Based on the evidence, this Court finds the Defendant has an agent or other representative in Broward County in accordance with Fla. Stat. §47.051.
Further, the Defendant failed to demonstrate that any Florida county would serve as a viable alternative forum based on forum non conveniens. The moving party maintains the burden to demonstrate that either substantial inconvenience or undue expense requires a change for the convenience of the parties or witnesses. In support of its motion, Defendant furnished its glass department manager affidavit, wherein it is averred that the manager lives in Macon, Georgia. This Court finds that Defendant failed to present sufficient evidence to establish a substantial inconvenience that would warrant transferring venue outside Broward County as oppose to any other forum in the State of Florida.
Therefore, it is
ORDERED AND ADJUDGED that Defendant’s Motion for Change of Venue be, and the same is hereby DENIED.
