Platt v. Health Management Associates, Inc. of Delaware

District Court of Appeal of Florida

Platt v. Health Management Associates, Inc. of Delaware

897 So. 2d 556, 2005 Fla. App. LEXIS 4744, 2005 WL 782813

CourtDistrict Court of Appeal of Florida

DecidedApril 8, 2005

DocketNo. 2D02-1637

StatusPublished

Cited by1 cases

This text of 897 So. 2d 556 (Platt v. Health Management Associates, Inc. of Delaware) 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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Platt v. Health Management Associates, Inc. of Delaware, 897 So. 2d 556, 2005 Fla. App. LEXIS 4744, 2005 WL 782813 (Fla. Ct. App. 2005).

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Opinion

NORTHCUTT, Judge.

Health Management Associates and Dr. Marvin Maxwell filed motions to transfer venue of the Platts’ suit against them from Polk to Highlands County.¹ The circuit court granted their requests. It is not clear from either the motions or the written order whether the basis for the transfer was improper venue under section 47.011, Florida Statutes (2001), or the convenience of the parties under section 47.122. On appeal, however, the defendants basically concede that venue was proper in Polk County, and we agree. Thus, section 47.011 could not support a venue change. We also agree with the Platts that if the circuit court transferred venue to Highlands County for the convenience of the parties, it erred.

This court has held that a motion to transfer venue must be accompanied by sworn proof. Tropicana Prods., Inc. v. Shirley, 501 So.2d 1373, 1375 (Fla. 2d DCA 1987); Davis v. Fla. Power Corp., 492 So.2d 829, 830 (Fla. 2d DCA 1986). Here, the defendants’ motions were unsworn, and they submitted no affidavits. Accordingly, we reverse the order granting a change of venue.

Reversed.

STRINGER and SILBERMAN, JJ., Concur.

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NORTHCUTT, Judge.

Health Management Associates and Dr. Marvin Maxwell filed motions to transfer venue of the Platts’ suit against them from Polk to Highlands County.¹ The circuit court granted their requests. It is not clear from either the motions or the written order whether the basis for the transfer was improper venue under section 47.011, Florida Statutes (2001), or the convenience of the parties under section 47.122. On appeal, however, the defendants basically concede that venue was proper in Polk County, and we agree. Thus, section 47.011 could not support a venue change. We also agree with the Platts that if the circuit court transferred venue to Highlands County for the convenience of the parties, it erred.

This court has held that a motion to transfer venue must be accompanied by sworn proof. Tropicana Prods., Inc. v. Shirley, 501 So.2d 1373, 1375 (Fla. 2d DCA 1987); Davis v. Fla. Power Corp., 492 So.2d 829, 830 (Fla. 2d DCA 1986). Here, the defendants’ motions were unsworn, and they submitted no affidavits. Accordingly, we reverse the order granting a change of venue.

Reversed.

STRINGER and SILBERMAN, JJ., Concur.

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897 So. 2d 556, 2005 Fla. App. LEXIS 4744, 2005 WL 782813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/platt-v-health-management-associates-inc-of-delaware-fladistctapp-2005.

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