Florida District Courts of Appeal, 2005

Lenkiewicz v. Nationwide Mutual Insurance

Lenkiewicz v. Nationwide Mutual Insurance
Florida District Courts of Appeal · Decided June 1, 2005 · Klein, Shahood, Taylor
902 So. 2d 902; 2005 Fla. App. LEXIS 8151; 2005 WL 1278955 (Southern Reporter, Second Series)

Lenkiewicz v. Nationwide Mutual Insurance

Opinion of the Court

PER CURIAM.

Plaintiff, a Broward County resident, sued Nationwide in Broward County, alleging she was injured by an uninsured motorist who collided with the rear of her *903car in Pennsylvania. Nationwide moved to transfer venue to Pennsylvania for convenience of the witnesses under section 47.122, Florida Statutes (2001); however, it submitted no affidavits stating that there were any witnesses who would be inconvenienced by a Florida trial. In the absence of affidavits or other evidence demonstrating the inconvenience of witnesses, a transfer of venue based on that ground is error. Graham v. Graham, 648 So.2d 814 (Fla. 4th DCA 1995); Eggers v. Eggers, 776 So.2d 1096 (Fla. 5th DCA 2001); Gov’t Employees Ins. Co. v. Burns, 672 So.2d 884 (Fla. 3d DCA 1996).

Reversed.

KLEIN, SHAHOOD and TAYLOR, JJ., concur.

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