Forum Non Conveniens: Transfers of Venue From One Florida County to Another

What is the doctrine of forum non conveniens? When can the doctrine of forum non conveniens be useful in your Florida probate lawsuit? What should my West Palm Beach estate lawyer know about the doctrine of forum non conveniens? A recent July 26,2017 Fourth DCA opinion revolves around a motion to transfer for improper venue or forum non conveniens. The opinion discusses Florida Statute 47.122. This is the statute which governs the transfer of venue from one Florida county to another on the basis of forum non conveniens. The statute states that ” For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought.” What are the statutory factors a probate court must consider when determining whether to grant a motion pursuant to section 47.122? 1) the convenience of the parties 2) the convenience of the witnesses; and 3) the interest of justice. The opinion further states that convenience of the WITNESSES is probably the most important consideration of the three statutory factors.

In this power of attorney (POA) litigation, the defendants filed an amended motion to transfer venue from Broward County to Seminole County. Two of the defendants reside in Seminole County, which is over 200 miles away from Broward. The other defendant resides in Brevard County, which is more than 135 miles away from Broward. Furthermore, the decedent lived and died in Seminole County. Her affairs were handled there until her death. The decedent’s Florida estate was in probate in Seminole County, and that is where the decedent’s property is located. Also, other witnesses who could offer valuable testimony were located in Seminole County. In an attempt to stop the venue transfer, the plaintiff argued that, at the time they filed the lawsuit, one of the defendants lived in Broward. The trial court agreed with the plaintiff. However, the Fourth DCA reversed and remanded. To read the entire case, click here.