Sunday, March 14, 2010

Transferor Court Loses Jurisdiction Once Transferee Court Receives File

In Yacht Club of the Americas, LLC v. Namon (3D09-2384), the Third District reversed an order vacating a motion to transfer.  The trial court granted a motion to transfer the case to another county and later vacated the order.  However, because the court the action was transferred to had already received the file the original court was without jurisdiction to vacate the order.  The Third District stated:
In a civil case, a change of venue becomes effective when the applicable costs and service charges are paid, and the transferee court receives the court file. § 47.191, Fla. Stat. (2008); Vasilinda v. Lozano, 631 So. 2d 1082, 1087 (Fla. 1994). Once the fees are paid and the file is received, the transferee court assumes jurisdiction. The transferor court is without jurisdiction to take any further action in the case.


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