26 Fla. L. Weekly Supp. 118b

Online Reference: FLWSUPP 2602MAURVenue — Insurance — Action against domestic corporation — Motion to transfer venue to county in which cause of action arose granted

MAURICIO CHIROPRACTIC CLINICS, PA, ETC., Plaintiffs, vs. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2017-30946 COCI, Division 82. December 13, 2017. Christopher Kelly, Judge. Counsel: Julio David Davila, Simoes Davila, PLLC, Longwood, for Plaintiff. Daniel Smith and John Mollaghan, Windhaven Claims Management, LLC, Miami, for Defendant.

ORDER GRANTING DEFENDANT’SMOTION TO TRANSFER VENUE

THIS CAUSE having come before the Court on Defendant’s Motion to Transfer Venue, and the court having considered the Motion and arguments of the parties, finds as follows:

1. The Defendant is a domestic corporation.

2. Pursuant to §47.051, Florida Statutes, in an action against a domestic corporation, venue is proper in the county where the cause of action arose, where the property in litigation is located, or where the corporation keeps an office for the transaction of its customary business.

3. The Defendant does not have an office for the transaction of its customary In Volusia County and there is no other basis upon which venue would be proper in Volusia County.

4. The Defendant does have an office in Hillsborough County and venue would be proper in Hillsborough County.

5. At hearing, the Defendant and Plaintiff acknowledged that the cause of action arose in Orange County, Florida and that venue is also proper in Orange County.

It is hereby ORDERED that:

A. The Defendant’s Motion to Transfer Venue is GRANTED.

B. This cause shall be transferred to Orange County, Florida for all further proceedings herein.

C. The Plaintiff shall be responsible for the payment of all transfer costs.