Opinion
No. 91-3055.
April 15, 1992. Rehearing Denied May 15, 1992.
Appeal from the Circuit Court, Palm Beach County, W. Matthew Stevenson, J.
Michael H. Stauder, North Palm Beach, for appellant.
Marlene S. Reiss and Philip D. Parrish of Stephens, Lynn, Klein McNicholas, P.A., Miami, for appellee-Hendry County Hosp. Authority.
Appellant appeals the trial court's order granting the appellees' motion to change venue, which was based on the home venue privilege and, in the alternative, on the doctrine of forum non conveniens. The motion was granted only on the theory of the home venue privilege.
The appellees concede that the trial court's order cannot be upheld on the home venue privilege. They acknowledge that they waived their right to raise the privilege by failing to file a timely motion for change of venue on that basis. They assert, however, that the trial court's ruling can be upheld on their alternative theory of forum non conveniens. We agree and affirm the trial court's order.
"Even when based on erroneous reasoning, a conclusion or decision of a trial court will generally be affirmed if the evidence or an alternative theory supports it." Applegate v. Barnett Bank, 377 So.2d 1150, 1152 (Fla. 1979). In the instant case, the evidence presented supports the trial court's order granting a change of venue on the alternative theory of forum non conveniens.
AFFIRMED.
POLEN, J., concurs.
STONE, J., dissents with opinion.
In my judgment the record before us is not sufficient to support affirming on the alternative theory of forum non conveniens. I would reverse without prejudice to appellees subsequently addressing this issue in the trial court.