Summary
In Levy v. Hawk's Cay, Inc., 505 So.2d 24, 24 (Fla. 3d DCA 1987), this Court stated that where there is a reasonable basis in the record to support the trial court's decision, we must affirm.
Summary of this case from Theobald v. Piper Aircraft, Inc.Opinion
No. 86-3096.
April 7, 1987.
Appeal from the Circuit Court, Dade County, Joseph M. Nadler, J.
Shutts Bowen and Richard M. Leslie, Miami, and Anthony J. Oliva, Coral Gables, for appellants.
Arnstein, Gluck, Lehr Milligan, and Carol McLean Brewer, West Palm Beach, James C. Blecke and Susan S. Lerner, Miami, Conroy, Simberg, Wilensky Lewis, Hollywood and Sharon A. Shade, Miami, for appellees.
Before BARKDULL, HUBBART and BASKIN, JJ.
The non-final order transferring the venue of the instant negligence/products liability action below from Dade County to Monroe County, Florida, under Section 47.122, Florida Statutes (1985), is affirmed because, simply stated, there was a reasonable basis in the record for such a decision and, accordingly, no gross abuse of discretion has been shown. This is so due to the fact that: (a) the action sued upon arose in Monroe County, (b) thirty-one of the sixty non-party witnesses in this cause reside in Monroe County, and (c) very few witnesses in the cause are located in Dade County. Accordingly, it can reasonably be said that (1) substantial inconvenience to the parties has been shown below for the case to be tried in Dade County, and (2) Monroe County is a far more convenient county in which to try this cause than is Dade County. We have not overlooked the contrary arguments raised by the plaintiffs/appellants, but we conclude that none can carry the day in demonstrating a gross abuse of discretion. See Sun Bank of Ocala v. International Harvester Co., 408 So.2d 661 (Fla. 3d DCA 1981); Della-Donna v. Gore Newspaper Co., 390 So.2d 87 (Fla. 3d DCA 1980), pet. for review denied, 399 So.2d 1141 (Fla. 1981); Kelly-Springfield Tire Co. v. Moore, 355 So.2d 451 (Fla. 3d DCA 1978); Peterson, Howell Heather v. O'Neill, 314 So.2d 808 (Fla. 3d DCA 1975).
Affirmed.