TOTAL MD ORTHOPEDICS AND NEUROSURGERY LLC v. GEICO INDEMNITY COMPANY (2022)

District Court of Appeal of Florida, Fourth District.

TOTAL MD ORTHOPEDICS AND NEUROSURGERY, LLC, a/a/o Simone Giunta, Appellant, v. GEICO INDEMNITY COMPANY, Appellee.

No. 4D21-2274

Decided: June 22, 2022

Chad A. Barr of Chad Barr Law, Altamonte Springs, for appellant. Drew Krieger and Edward K. Cottrell of Smith, Gambrell & Russell, LLP, Jacksonville, for appellee.

The trial court sua sponte transferred venue without any showing that plaintiff's chosen venue was improper or that transfer was appropriate on forum non conveniens grounds. This was improper pursuant to Advanced Diagnostic Group v. Ocean Harbor Casualty Insurance Co., 321 So. 3d 772, 773 (Fla. 4th DCA 2021), where this Court recently reversed a group of similar orders. Appellee has not filed an answer brief or shown any basis to uphold the erroneous order.

Accordingly, we reverse the order transferring venue and remand for further proceedings.

Reversed and remanded.

Per Curiam.

Klingensmith, C.J., Damoorgian and Ciklin, JJ., concur.

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