24 Fla. L. Weekly Supp. 697a
Online Reference: FLWSUPP 2409MITCInsurance — Venue — Where accident occurred, insured resides, and medical treatment was rendered in Brevard County, venue is transferred to Brevard County for convenience of witnesses and public’s interest
MITCHELL R. GREENBERG, D.C., INC. d/b/a INJURY TREATMENT SOLUTIONS a/a/o Karen Hulen-Kury, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County, Case No. 2016-SC-9872-O. October 10, 2016. Tina L. Caraballo, Judge. Counsel: Alyson M. Laderman, for Plaintiff. David M. Gagnon, Taylor, Day, Grimm and Boyd, for Defendant.
ORDER GRANTING DEFENDANT’S MOTIONTO TRANSFER VENUE
This matter having come before the Court on the Motion of Defendant, State Farm Mutual Automobile Insurance Company (“State Farm”), pursuant to Rule 1.060(b), Florida Rules of Civil Procedure, and §§47.011 and 47.122, Florida Statutes, to transfer this action from Orange County to Brevard County, Florida. The Court, having read the parties’ written submissions and heard argument of counsel and being otherwise fully advised, finds:
1. The subject accident occurred in Brevard County; State Farm’s insured resides in Brevard County; and the insured received medical treatment from Plaintiff in Brevard County.
2. Although venue is proper in Orange County, given the facts set forth above, for the convenience of the witnesses and in the public’s interest, venue should be transferred to Brevard County.
IT IS, THEREFORE, ORDERED AND ADJUDGED that:
1. Defendant’s Motion to Transfer Venue of this matter to Brevard County is GRANTED.
2. Per §47.191, Fla. Stat., Defendant shall pay all costs that have accrued in the action including the required transfer fee. These costs shall be paid on or before October 30, 2016.