BANYAN TREATMENT AND RECOVERY LLC II LLC LLC IV LLC LLC VIII LLC LLC v. BASS (2024)

District Court of Appeal 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

Decided: October 02, 2024

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.

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.

Per Curiam.

Klingensmith, C.J., Warner and Artau, JJ., concur.

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