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Caceres v. Merco Grp. of Palm Beaches Inc.

Third District Court of Appeal State of Florida
Nov 20, 2019
282 So. 3d 1031 (Fla. Dist. Ct. App. 2019)

Opinion

No. 3D19-0385

11-20-2019

Felix M. CACERES, II, Appellant, v. MERCO GROUP OF THE PALM BEACHES INC., et al., Appellees.

Clayton R. Kaeiser, P.A., and Clayton R. Kaeiser, Coconut Grove, for appellant. Sundarsingh Law, P.L., and Mandell Sundarsingh (Palm Beach Gardens), for appellees.


Clayton R. Kaeiser, P.A., and Clayton R. Kaeiser, Coconut Grove, for appellant.

Sundarsingh Law, P.L., and Mandell Sundarsingh (Palm Beach Gardens), for appellees.

Before SALTER, SCALES, and MILLER, JJ.

PER CURIAM.

As "[t]he decision to transfer venue based upon [forum non conveniens] is ‘one within the sound discretion of the trial court,’ " Fla. Patient's Comp. Fund v. Fla. Physician's Ins. Reciprocal, 507 So. 2d 778, 779 (Fla. 3d DCA 1987) (citation omitted), and appellant has failed to demonstrate "the judicial action [was] arbitrary, fanciful, or unreasonable ... [or that] no reasonable man [or woman] would take the view adopted by the trial court," we affirm. Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla. 1980) (citation omitted); see § 47.122, Fla. Stat. (2019) ("For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought.") (emphasis added); E.I. DuPont De Nemours & Co. v. Fuzzell, 681 So. 2d 1195, 1197 (Fla. 2d DCA 1996) (granting change of venue to Lake County as it was the location of the majority of witnesses and the site of all alleged contact; noting that "in the interest of justice" Polk County should not hear a case where the only connection was the location of the lawyer's office).

Affirmed.


Summaries of

Caceres v. Merco Grp. of Palm Beaches Inc.

Third District Court of Appeal State of Florida
Nov 20, 2019
282 So. 3d 1031 (Fla. Dist. Ct. App. 2019)
Case details for

Caceres v. Merco Grp. of Palm Beaches Inc.

Case Details

Full title:Felix M. Caceres, II, Appellant, v. Merco Group of the Palm Beaches Inc.…

Court:Third District Court of Appeal State of Florida

Date published: Nov 20, 2019

Citations

282 So. 3d 1031 (Fla. Dist. Ct. App. 2019)