Commodore Realty v. Classic Carpet

Full title: COMMODORE REALTY, INC., Appellant, v. CLASSIC CARPET TILE, INC., et al.…

Court: District Court of Appeal of Florida, Third District

Date published: Apr 30, 2003

843 So. 2d 359 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D02-2635.

Opinion filed April 30, 2003.

An Appeal from the Circuit Court for Miami-Dade County, Celeste Hardee Muir, Judge. Lower Tribunal No. 02-14899.

David Harris Singer and Maureen O'Donnell, for appellant.

Vernis Bowling and James R. (Jack) Bridges, for appellees.

Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ.

PER CURIAM.

The trial court abused its discretion by granting the defendants' motion to transfer venue, pursuant to section 47.122, Florida Statutes (2001), where the defendants failed to meet their burden of establishing "before the trial court that either substantial inconvenience or undue expense requires a change for the convenience of the parties or witnesses." Safety Nat'l Cas. Corp. v. Florida Mun. Ins. Trust, 818 So.2d 612, 613 (Fla. 5th DCA 2002). Therefore, we reverse the order transferring venue. See Wimauma Produce, Inc. v. William P. Hearn Produce Co., 775 So.2d 1011 (Fla. 3d DCA 2001).

Reversed and remanded.