Two recent Florida appeals court opinions provide guidance on transferring a lawsuit to another court. Maybe another state. When that other court would be more convenient. These opinions also examine the evidentiary obligation of the person making the motion. And, they consider the discretion of the court to transfer a case based upon the “interests of justice.” “Everything” you need to know about forum non conveniens in 3 minutes and 12 seconds. What is forum non conveniens? If the lawsuit was filed in a court that may be proper, BUT another court may be more “appropriate.” A defendant can file a motion that asks the court to move the case to a more convenient forum. That could be in another county or state. There is “tension” in the law . Between the preference of the party filing the lawsuit to select an appropriate forum. Yes, the plaintiff generally gets to select her venue among multiple proper ones. See Rule 1.060 (b). So, where’s the legal tension? Well, the defendant can ask for a more appropriate court room. In many instances, defendants can be sued in multiple counties in Florida. If the plaintiff files in a permitted courthouse, the defendant can still ask the court to move the case. And, the court has certain discretion in the interests of justice. That’s the legal tension. Note that this type of motion is different than a motion to dismiss for failure to state a cause of action. See Florida Statutes Chapter 47 on […]