Summary
In Foster Marine Contractors, Inc. v. Southern Bell Telephone Telegraph Co., 541 So.2d 114 (Fla. 4th DCA 1989), this court affirmed the trial court's denial of a motion to transfer venue under section 47.122, due to the defendant's failure to meet its burden of demonstrating the inconvenience.
Summary of this case from R.C. Stor. One v. Strand RealtyOpinion
No. 88-1341.
March 1, 1989. Rehearing Denied May 1, 1989.
Appeal of a non-final order from the Circuit Court for Broward County; Morton L. Abram, Judge.
Janis Brustares Keyser of Reid, Ricca Rigell, P.A., West Palm Beach, for appellant.
G. Bart Billbrough of Walton Lantaff Schroeder Carson, Miami, for appellee.
This is an appeal from a non-final order of the trial judge denying a motion to transfer venue under section 47.122, Florida Statutes (forum non conveniens). The trial court should be affirmed. Notwithstanding appellant's affidavit which purports to show a great number of witnesses who reside in St. Lucie County, the county to which appellant sought transfer, the record fails to disclose that appellant met the burden in the lower court by showing the subject matter of the various witnesses' testimony (to wit: the quality of the testimony versus the quantity of the testimony). While some of the witnesses' testimony could be surmised from the job description (i.e., assistant fire marshal), the record does not disclose that there was such a showing so as to affirmatively demonstrate that the trial judge abused his discretion. Hu v. Crockett, 426 So.2d 1275 (Fla. 1st DCA 1983).
DOWNEY, GUNTHER and POLEN, JJ., concur.