Thursday, February 17, 2011

Florida Supreme Court Clarifies What Court Has Appellate Jurisdiction After Venue Is Transferred

In Hernandez v. Florida (SC09-2225), the Florida Supreme Court answered the question as to what appellate court has jurisdiction after venue has been transferred in a case to a court within the jurisdiction of a different appellate court.  The Court concluded:
We hold that once an order transferring venue has been entered by the transferor court and the court file has been received by the clerk of the transferee court, appellate jurisdiction becomes vested in the district court with jurisdiction over the transferee court for all subsequent matters in the case.  This rule applies both to an initial transfer of venue and to any subsequent transfer back to the court of original jurisdiction.  Accordingly, we approve the decision of the Third District in Hernandez and disapprove the decisions of the Fourth and Fifth Districts in Cole and Stanek-Cousins to the extent that they are inconsistent with this opinion.


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