Miracle Chiropractic & Rehab Ctr. v. 21st Century Centennial Ins. Co.
Decision Date | 12 May 2021 |
Docket Number | No. 4D21-616,4D21-616 |
Citation | 316 So.3d 376 (Mem) |
Parties | MIRACLE CHIROPRACTIC & REHAB CENTER a/a/o Samuel Joseph, Appellant, v. 21ST CENTURY CENTENNIAL INSURANCE COMPANY, Appellee. |
Court | Florida District Court of Appeals |
Christina M. Kalin and John C. Daly of Daly & Barber, P.A., Plantation for appellant.
No appearance filed for appellee.
The provider-assignee appeals from the county court's order granting the insurer's motion to transfer the underlying action's venue from Broward County to Polk County. Because the insurer's motion was not verified or supported by affidavit, the county court erred in granting the motion. See Am. Vehicle Ins. Co. v. Goheagan , 35 So. 3d 1001, 1003 (Fla. 4th DCA 2010) () (emphasis added). Therefore, we reverse the order on appeal, and remand for the county court to permit the insurer to file a verified motion or affidavit supporting the motion to transfer venue.
Presuming the insurer does so, the burden shall shift to the provider to establish, by evidence, the propriety of its venue selection. See id. If the provider fails to present any such evidence, then the county court shall grant the insurer's motion. See Gino Vitiello, M.D., P.A. v. Genovese Joblove & Battista, P.A. , 123 So. 3d 1185, 1188 (Fla 4th DCA 2013) ( ).
However, presuming the provider presents evidence supporting its venue selection, the county court shall hold an evidentiary hearing to resolve any relevant factual disputes and then make a legal decision whether the provider's venue selection is legally supportable. See Fla. Gamco, Inc. v. Fontaine , 68 So. 3d 923, 928 (Fla. 4th DCA 2011) ().
Reversed and remanded with instructions.
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...Farm responds and confesses error in both respects. Upon review of the record, we agree. See Miracle Chiropractic & Rehab Ctr. v. 21st Century Centennial Ins. Co., 316 So.3d 376 (Fla. 4th DCA 2021).Reversed and ...