Florida Trust Lawsuits and Venue, Can You Transfer the Case Because of Improper Venue?
There was a very recent case in April 2019 in Florida regarding a Broward matter in a Flagler County matter regarding a trust. An action was filed regarding a trust and the issue became one of venue, trust venue. Where are you suing your trustee? Where are you seeking relief
regarding your Florida trust? That’s different than personal jurisdiction.
This recent case was interesting because Florida not only has venue statutes or laws, and rules and laws for the transfer of cases when venue is improper. And remember, venue means what court do you go to in Florida? Where’s the proper place to bring an action? And then you can also deal with non-Florida states as well. You can file a motion to dismiss and say, ” The venue is convenient somewhere else outside of the state of Florida.” Or you can say, ” This trust lawsuit should be in Broward County, or Flagler County, or Orange County.” That’s venue.
You can read the Cohen case, C-O-H-E-N vs. Scarnato, S-C-A-R-N-A-T-O; it’s a Fourth District Court of Appeal case out of Broward. The date is April 10th, 2019.
Talk to your trust litigation lawyer about where you can sue your trustee or where the proper venue is or form the proper court to exercise your rights under a Florida trust.