26 Fla. L. Weekly Supp. 893b

Online Reference: FLWSUPP 2611ROBEInsurance — Venue — Forum selection clause

EMERGENCY PHYSICIANS, INC., d/b/a EMERGENCY RESOURCES GROUP, as assignee of Helen Roberson, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2017 11507 CODL. Division 71. April 11, 2018. A. Christian Miller, Judge. Counsel: K. Doug Walker, Bradford Cederberg, P.A., Orlando, for Plaintiff. James C. Rinaman, III, Dutton Law Group, Jacksonville, for Defendant.

ORDER ON DEFENDANT’S AMENDED MOTIONTO DISMISS OR TRANSFER VENUE BASED ONMANDATORY FORUM SELECTION CLAUSE &PLAINTIFF’S MOTION TO STRIKE AFFIDAVITAND/OR MOTION TO COMPEL DEPOSITIONS

This cause came on to be heard before the Court on April 4, 2018, upon Defendant’s Amended Motion to Dismiss for Lack of Venue, or in the alternative, Motion to Transfer Venue for Failure to Comply with Mandatory Forum Selection Clause, and Plaintiff’s Motion to Strike the Affidavit of Helen Robreson [sic] or, in the alternative, Motion to Compel the Deposition of Helen Roberson and/or Hillary Lovelady. After considering the motions, having heard argument of counsel, and being otherwise fully advised, it is thereupon,

ORDERED AND ADJUDGED:

1. Plaintiff’s Motion to Strike the Affidavit of Helen Robreson [sic] or, in the alternative, Motion to Compel the Deposition of Helen Roberson and/or Hillary Lovelady is DENIED without prejudice.

2. Defendant’s Motion to Dismiss is DENIED. Defendant’s Motion to Transfer Venue Based on Mandatory Forum Selection Clause is GRANTED.

3. The costs of transferring the case shall be paid by Defendant, as the moving party, pursuant to F.S. 47.191, and the matter shall be transferred to Duval County, Florida within 30 days of entry of this order.

4. Defendant shall respond to Plaintiff’s Complaint 20 days after this case has been transferred to Duval County, Florida.