Lenkiewicz v. Nationwide Mutual Insurance

District Court of Appeal of Florida

Lenkiewicz v. Nationwide Mutual Insurance

902 So. 2d 902, 2005 Fla. App. LEXIS 8151, 2005 WL 1278955

CourtDistrict Court of Appeal of Florida

DecidedJune 1, 2005

DocketNo. 4D04-2258

StatusPublished

This text of 902 So. 2d 902 (Lenkiewicz v. Nationwide Mutual Insurance) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lenkiewicz v. Nationwide Mutual Insurance, 902 So. 2d 902, 2005 Fla. App. LEXIS 8151, 2005 WL 1278955 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

Plaintiff, a Broward County resident, sued Nationwide in Broward County, alleging she was injured by an uninsured motorist who collided with the rear of her [903]*903car in Pennsylvania. Nationwide moved to transfer venue to Pennsylvania for convenience of the witnesses under section 47.122, Florida Statutes (2001); however, it submitted no affidavits stating that there were any witnesses who would be inconvenienced by a Florida trial. In the absence of affidavits or other evidence demonstrating the inconvenience of witnesses, a transfer of venue based on that ground is error. Graham v. Graham, 648 So.2d 814 (Fla. 4th DCA 1995); Eggers v. Eggers, 776 So.2d 1096 (Fla. 5th DCA 2001); Gov’t Employees Ins. Co. v. Burns, 672 So.2d 884 (Fla. 3d DCA 1996).

Reversed.

KLEIN, SHAHOOD and TAYLOR, JJ., concur.

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PER CURIAM.

Plaintiff, a Broward County resident, sued Nationwide in Broward County, alleging she was injured by an uninsured motorist who collided with the rear of her [903]*903car in Pennsylvania. Nationwide moved to transfer venue to Pennsylvania for convenience of the witnesses under section 47.122, Florida Statutes (2001); however, it submitted no affidavits stating that there were any witnesses who would be inconvenienced by a Florida trial. In the absence of affidavits or other evidence demonstrating the inconvenience of witnesses, a transfer of venue based on that ground is error. Graham v. Graham, 648 So.2d 814 (Fla. 4th DCA 1995); Eggers v. Eggers, 776 So.2d 1096 (Fla. 5th DCA 2001); Gov’t Employees Ins. Co. v. Burns, 672 So.2d 884 (Fla. 3d DCA 1996).

Reversed.

KLEIN, SHAHOOD and TAYLOR, JJ., concur.

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902 So. 2d 902, 2005 Fla. App. LEXIS 8151, 2005 WL 1278955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lenkiewicz-v-nationwide-mutual-insurance-fladistctapp-2005.

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