INDEPENDENT IMAGING v. USAA CASUALTY INSURANCE COMPANY (2021)

District Court of Appeal of Florida, Fourth District.

INDEPENDENT IMAGING, L.L.C. a/a/o Dylan Miller, Appellant, v. USAA CASUALTY INSURANCE COMPANY, Appellee.
Florida Pain Relief Group, PLLC a/a/o Ashley Soto, Appellant, v. USAA Casualty Insurance Company, Appellee.

No. 4D21-1113, No. 4D21-1509

Decided: July 07, 2021

John C. Daly, Christina M. Kalin and Matthew C. Barber of Daly & Barber, P.A., Plantation, for appellants. Kimberly K. Berman of Marshall, Dennehey, Warner, Coleman & Goggin, Fort Lauderdale, and John W. Heilman of Marshall, Dennehey, Warner, Coleman & Goggin, Tampa, for appellees.

In these consolidated cases, the trial court sua sponte entered orders transferring venue without any showing that plaintiffs' chosen venue was improper or that transfer was appropriate on forum non conveniens grounds.

We issued an order directing the parties to show cause why these cases are not controlled by Advanced Diagnostic Group v. Ocean Harbor Cas. Ins. Co., Case No. 4D21-458, 321 So. 3d 772 (Fla. 4th DCA Apr. 8, 2021), where this court recently reversed a group of similar orders. Having considered the responses and replies, we conclude that these cases are controlled by our recent decision in Advanced Diagnostic.

Appellees argue that these cases are distinguishable because the suits are subject to a forum selection clause. Appellees, however, did not move for transfer based on the alleged forum selection clause, and the court could not raise this issue on its own. Jones v. Sayer, 313 So. 3d 126 (Fla. 4th DCA 2021) (holding that a court may not sua sponte transfer an action for improper venue).

Accordingly, we reverse and remand for further proceedings.

Reversed and remanded.

PER CURIAM.

CIKLIN, GERBER and FORST, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network