Twigg v. Watt

District Court of Appeal of Florida

Twigg v. Watt

558 So. 2d 194, 1990 Fla. App. LEXIS 1801, 1990 WL 29583

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 1990

DocketNo. 89-2919

StatusPublished

Cited by1 cases

This text of 558 So. 2d 194 (Twigg v. Watt) 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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Twigg v. Watt, 558 So. 2d 194, 1990 Fla. App. LEXIS 1801, 1990 WL 29583 (Fla. Ct. App. 1990).

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Opinion

POLEN, Judge.

This is an appeal from an order denying appellant’s motion to transfer or alternatively to dismiss based on improper venue. Plaintiff Evelyn Watt sued for personal injuries in Palm Beach County. The accident occurred in Bradford County. It appears that the corporate defendant, The Salvation Army, had offices in both Palm Beach County and Marion County. The individual defendant, appellant Twigg, resides in Marion County.

Pursuant to section 47.021, Florida Statutes (1987), and Enfinger v. Baxley, 96 So.2d 538 (Fla.1957), proper venue would be in Marion County. Accordingly, the trial court erred in denying appellant’s motion.

Although there is argument about whether Palm Beach County would be the more convenient forum for plaintiff in which to litigate [section 47.011, Florida Statutes (1987)], it does not appear that this argument was the basis of the court’s ruling. In any event, the record does not support a transfer of venue from Marion County (had the suit been properly filed there) to Palm Beach County based on forum non conveniens.

Reversed and remanded for further proceedings consistent with this opinion.

ANSTEAD and GLICKSTEIN, JJ., concur.

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