TOWER IMAGING LLC v. USAA CASUALTY INSURANCE COMPANY (2021)

District Court of Appeal of Florida, Fourth District.

TOWER IMAGING, LLC a/a/o Anthony Macaluso, Appellant, v. USAA CASUALTY INSURANCE COMPANY, Appellee.

No. 4D21-1110

Decided: July 14, 2021

John C. Daly, Jr., and Matthew C. Barber of Daly & Barber, P.A. formerly known as PIP Portal Law Group, P.A., Plantation, for appellant. Jeffrey R. Geldens of Roig Lawyers, Miami, and Abbi Freifeld Carr and Veresa Jones Adams of Roig Lawyers, Deerfield Beach, for appellee.

The trial court sua sponte entered an order transferring venue without any showing that plaintiff's 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 response and reply, we conclude that these cases are controlled by our recent decision in Advanced Diagnostics and 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.

Conner, C.J., Klingensmith and Artau, 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Out of date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