What 3 Factors do Florida Probate Courts Consider When Determining Whether to Grant a Motion for Transfer of Venue or Forum Non Conviens

What Florida law governs motions for a transfer in venue? Can a trust and estates case be transferred to another venue that is more convenient for the parties and witnesses? When is a transfer of venue proper? What factors must the court consider when determining whether a probate case should be transferred to a different county in Florida? What is Florida statute 47.122? What should my Fort Lauderdale trust lawyer know about the doctrine of forum non conveniens? A recent July 26,2017 Fourth DCA opinion involves a motion to transfer POA litigation from Broward County, Florida to Seminole County, Florida.

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.