26 Fla. L. Weekly Supp. 839c
Online Reference: FLWSUPP 2610SPRIInsurance — Venue — Forum selection clause
UNIVERSITY COMMUNITY HOSPITAL, INC. d/b/a FLORIDA HOSPITAL TAMPA, as assignee of Brian Sprick, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2018-CC-000250-O. Division 72. December 17, 2018. Faye Allen, Judge. Counsel: Wendelyn L. Gowen, for Plaintiff. Maria Pace, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISSFOR LACK OF VENUE OR TO TRANSFER VENUEBASED ON FORUM SELECTION CLAUSE
This cause came on to be heard before the Court, upon Defendant’s Motion to Dismiss for Lack of Venue or to Transfer Venue based on Forum Selection Clause, and after considering the motions, having heard argument of counsel, and being otherwise fully advised, it is thereupon,
ORDERED AND ADJUDGED:
Defendant’s Motion to Dismiss for Lack of Venue or to Transfer Venue Based on Forum Selection Clause is GRANTED in part. The Court hereby, DENIES the Defendant’s Motion to Dismiss for Lack of Venue. The Court hereby, GRANTS Defendant’s Motion to Transfer Venue Based on Forum Selection Clause. This matter shall be transferred to Hillsborough County, Florida. The decision is based on the Forum Selection Clause and Affidavit of Brian Sprick, The Court finds that the Forum Selection Clause is Mandatory and not Permissive. The Court, also, finds that the Affidavit of Brian Sprick is sufficient evidence of where the covered person lived at the time of the loss. The cost of transferring the case shall be paid by the Plaintiff, and the matter shall be transferred to Hillsborough County, Florida within twenty (20) days of execution of this Order or the case shall be dismissed. The Court hereby, DENIES Plaintiff’s Ore Tenus Motion to Stay Proceedings Pending Resolution of the Appeal in University Community Hospital, Inc. d/b/a Florida Hospital Tampa as assignee of Sarah Boles Haslup v. USAA Casualty Insurance Company, which was filed with the Court before this hearing.
