DNS Auto Glass Shop, LLC v. State Farm Mut. Auto. Ins. Co.

• Decision Date: 03 February 2023
• Docket Number: 5D21-1894
• Parties: DNS AUTO GLASS SHOP, LLC A/A/O SELENE WASHINGTON, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, STATE FARM FIRE AND CASUALTY COMPANY, AND STATE FARM GENERAL INSURANCE COMPANY, Appellees.
• Court: Florida District Court of Appeals

DNS AUTO GLASS SHOP, LLC A/A/O SELENE WASHINGTON, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, STATE FARM FIRE AND CASUALTY COMPANY, AND STATE FARM GENERAL INSURANCE COMPANY, Appellees.

No. 5D21-1894

Florida Court of Appeals, Fifth District

February 3, 2023

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Nonfinal Appeal from the County Court for Seminole County, LT Case No. 2020-SC-004385 James J. DeKleva, Judge.

Chad A. Barr, of Chad Barr Law, Altamonte Springs, for Appellant.

Kurt T. Koehler, of Cole, Scott & Kissane, P.A., Jacksonville, for Appellees.

PER CURIAM

The trial court's order transferring venue under section 47.122, Florida Statutes (2021), is affirmed. Based upon the transcript that Appellee submitted below of the deposition of its insured, who is a material witness, the court did not abuse its discretion in granting Appellee's motion to transfer venue. See Cohen v. Scarnato, 270 So.3d 410, 412 (Fla. 4th DCA 2019) (applying the abuse of discretion standard of review to a trial court's order transferring venue under section 47.122).

We do, however, remand this case to the trial court with directions that the court amend its order to assess accrued costs against Appellee. See § 47.191, Fla. Stat. (2021) ("No change of venue shall be granted except on condition that the movant, unless otherwise provided by the order of transfer, shall pay all costs that have accrued in the action including the required transfer fee."). The amended order shall set forth a reasonable period of time for Appellee to pay these costs.

AFFIRMED; REMANDED with directions.

LAMBERT, CJ, EVANDER and EDWARDS, JJ, concur