At Home Auto Glass, LLC a/a/o Andre Bryant v. Mendota Insurance Company

Summary

The Florida Fifth District Court of Appeal reversed a nonfinal order transferring an insurance-related breach-of-contract action from Seminole County to Alachua County under Florida Statutes section 47.122. The court held that Mendota Insurance Company failed to provide affidavits or other competent evidence showing that the identified witness would be inconvenienced or that his testimony was necessary. The court also held that the asserted interest of justice did not support transfer because the insurer provided no competent evidence and the plaintiff had not demanded a jury trial.

Holdings

1. A party seeking transfer under section 47.122 must provide affidavits or other competent evidence identifying the witnesses, explaining the significance of their testimony, and showing how the selected venue would substantially inconvenience the witnesses or parties. Mendota failed to meet that burden.
2. The trial court abused its discretion by transferring venue on the interest-of-justice ground because the asserted jury burden lacked record support and Mendota offered no competent evidence showing how the interest of justice would otherwise be served by transfer.
3. The face of the complaint did not establish that a forum non conveniens transfer was warranted.

Questions Presented

1. Whether Mendota established the evidentiary basis required to transfer venue under section 47.122 for the convenience of witnesses.
2. Whether the trial court could transfer venue solely on the interest-of-justice ground based on avoiding the burden of jury duty and controlling the local docket.
3. Whether the face of the complaint itself demonstrated that a forum non conveniens transfer was warranted.

Disposition

reversed_and_remanded