Sunday, April 12, 2009

Venue More Appropriate Where All Witnesses Reside

The Third DCA released a decision reversing the circuit court and finding Miami-Dade county to be an inconvenient forum to a majority of the witnesses. In Cooper Tire & Rubber Co. v. Estate of Carlos Hernandez Chavez (3d09-61), the car accident was in Lee County, the passengers of the vehicles resided in Lee County, and all of the witnesses named on the plaintiff's witness list resided in Lee County. The Defendant, however, transacted business in Miami-Dade County. Based upon those facts, the Third DCA held the circuit court abused its discretion in not transferring the action to Lee County.


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