Tower Imaging, LLC v. State Farm Mut. Auto. Ins. Co.

• Decision Date: 02 February 2022
• Docket Number: 3D21-1944
• Citation: 331 So.3d 319 (Mem)
• Parties: TOWER IMAGING, LLC, etc., Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.
• Court: Florida District Court of Appeals

331 So.3d 319 (Mem)

TOWER IMAGING, LLC, etc., Appellant,

v.STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

No. 3D21-1944

District Court of Appeal of Florida, Third District.

Opinion filed February 2, 2022

Daly & Barber, P.A., Christina M. Kalin, Matthew C. Barber and John C. Daly (Plantation), for appellant.

Akerman, LLP, Marcy Levine Aldrich and Nancy A. Copperthwaite, for appellee.

Before FERNANDEZ, C.J., and EMAS, and BOKOR, JJ.

ON CONFESSION OF ERROR

PER CURIAM.

Tower Imaging, LLC, d/b/a Blackfin Medical (as assignee of Rebecca Jeznach) ("Blackfin"), appeals the trial court's order granting State Farm Mutual Automobile Insurance Company's ("State Farm") motion to transfer the case based on forum non-conveniens . Blackfin claims that the motion to transfer was not based on any supporting evidence presented by State Farm and further claims that the trial court erred by requiring Blackfin to pay the transfer fee. State 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 remanded.