Banyan Treatment and Recovery, LLC v. Eman Bass

• Court: District Court of Appeal of Florida
• Decided: October 2, 2024
• Docket: 4D2024-0887
• Status: Published

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

BANYAN TREATMENT AND RECOVERY, LLC, BANYAN TREATMENT AND RECOVERY II, LLC, BANYAN DELAWARE, LLC, BANYAN SOBER LIVING IV, LLC, BANYAN SOBER LIVING V, LLC, BANYAN SOBER LIVING VIII, LLC, and BTC INTERMEDIATE HOLDINGS, LLC, Appellants,

v.

EMAN BASS, Appellee.

No. 4D2024-0887

[October 2, 2024]

Appeal of a nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey Levenson, Judge; L.T. Case No. CACE23-16861.

Thomas E. Jablonski and Jennifer Thomas of Hall Booth Smith, P.C., West Palm Beach, for appellants.

Scott L. Henratty of Morgan & Morgan, P.A., Plantation, and Thomas E. Bosworth of Bosworth Law, LLC, Philadelphia, PA, for appellee.

PER CURIAM.

Affirmed. See Fla. R. Civ P 1.061(a) (“The decision to grant or deny the motion for dismissal rests in the sound discretion of the trial court.”); Cortez v. Palace Resorts, Inc., 123 So. 3d 1085, 1096 (Fla. 2013) (“[E]xcept where the plaintiff is from another country, the presumption in favor of the plaintiff’s initial choice of forum is always entitled to great deference.”); Graham v. Graham, 648 So. 2d 814, 815–16 (Fla. 4th DCA 1995) (“A transfer of venue based on convenience is improper where no affidavits or other sworn proof support the motion.”).

Affirmed.

KLINGENSMITH, C.J., WARNER and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.