25 Fla. L. Weekly Supp. 550b

Online Reference: FLWSUPP 2506NELSInsurance — Venue — Mandatory venue selection clause

SOUTH TAMPA CHIROPRACTIC CENTER, PA a/a/o Torrencia Nelson, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION a/k/a USAA, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 16-2234 CC21. March 15, 2017. Don S. Cohn, Judge. Counsel: Richard Patino, The Patino Law Firm, Hialeah, for Plaintiff. Adam Tannen, Dutton Law Group, P.A., Miami, for Defendant.

ORDER

THIS CAUSE came before the Court on the 27th day of February, 2017. On Defendant’s Motion to Transfer Venue and/or Motion to Dismiss and after hearing argument of counsel, it is

ORDERED AND ADJUDGED:

1. That the mandatory venue selection clause found in Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION’S policy of insurance governs over venue.

2. It is Plaintiff’s burden to show that the venue selection clause is unreasonable or unjust.

3. Plaintiff was unable to meet this standard, nor was Plaintiff able to show that the claimant/assignor was living outside of Pinellas County, Florida at the time of the loss, pursuant to the February 27, 2017 Order.

4. That this matter shall be transferred to Pinellas County, Florida.

5. Plaintiff shall bear any costs of transfer.