24 Fla. L. Weekly Supp. 694a
Online Reference: FLWSUPP 2409GRACInsurance — Personal injury protection — Venue — Where insurer does not maintain office in Orange County, and cause of action accrued in Ohio where medical provider demanded that payment to be sent, venue is not proper in Orange County — Case to be transferred to county where insurer maintains office
INJURY CENTERS OF CENTRAL TAMPA, INC., a/a/o Dondrea Grace, Plaintiff, vs. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2016-SC-000539-O. October 11, 2016. Tina L. Caraballo, Judge. Counsel: Annette Castillo, Orlando, for Plaintiff. John Mollaghan, Miami, for Defendant.
AGREED ORDER ON DEFENDANT’S MOTIONTO DISMISS OR IN THE ALTERNATIVETO TRANSFER VENUE
THIS CAUSE, upon agreement of the parties, and the Court being advised in the premises, it is hereby:
ORDERED AND ADJUDGED that:
1. Defendant’s Motion to Dismiss or in the Alternative to Transfer Venue be granted.
2. Venue is proper under Fla. Stat. 47.051 only where the cause of action arose, where the property in litigation is located, or where the corporation has an office to transact business.
3. Parties agree that there is no property in litigation, and Windhaven is a domestic corporation without an office in Orange County.
4. Furthermore, per this Court’s earlier ruling, as Plaintiff demanded payment in box 33 of the HICFA in Cincinnati, Ohio, then the alleged breach, failure to pay due benefits, occurred in Cincinnati, Ohio, rather than Orange County. “A breach occurs where the failure of performance occurred.” Blackhawk Quarry Co. of Florida, Inc. v. Hewitt Contracting Co., Inc., 931 So. 2d 197, 200 (Fla. 5th DCA 2006) [31 Fla. L. Weekly D1595a]. “Since the alleged failure occurred in Brevard County, the cause of action accrued there.” Id.
5. Consequently, Venue is not proper in Orange County. However, as venue is proper in Hillsborough County, then this Court orders that the matter be transferred to Hillsborough County, because Defendant maintains an office there.
6. Furthermore, per Fla. Stat. 47.091, Plaintiff will pay the filing fee required to transfer the matter to Hillsborough County.
