CopyCited 9 times | Published | Florida 1st District Court of Appeal
...[6] Venue statutes are creatures of the legislature and not the courts. When the language of a statute is clear and unambiguous it is not the prerogative of the courts to construe it differently from the plain meaning of the words employed, nor is the wisdom of the statute within the ambit of the court's authority. F.S. 47.131 provides: "When it appears to the court to which an action has been transferred by a change of venue that any of the grounds for change of venue exist in the county to which the action has been transferred, the court may order a second chan...
...riginally transferred." More explicit language could have hardly been employed. Clearly, convenience of the parties and interest of justice [7] are within the meaning of the phrase "any of the grounds for change of venue" as that phrase is used in F.S. 47.131....
...ts raised, which were phrased by appellant thusly: "I. Did the trial court err in transferring this case to Dade County where the case had originally been transferred from Dade to Duval and the transfer back to Dade is prohibited by Florida Statutes § 47.131? "II....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...Therefore, the trial court erred in transferring venue of count III of Valencia's counterclaim from Dade County back to Polk County, and we reverse that portion of the order. Even if venue initially had been proper in Polk County, a second change of venue transferring this case back to Polk County is prohibited under section 47.131, Florida Statutes (1983)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 19244
...We reverse. The contractual venue agreement between the parties constitutes a waiver by Barley of venue outside of Orange County on grounds of convenience as well as grounds of residency, location of property, or place of accrual of an action. Moreover, section 47.131, Florida Statutes (1981), provides: When it appears to the court to which an action has been transferred by a change of venue that any of the grounds for change of venue exist in the county to which the action has been transferred, the...
...the correct venue or afford a more convenient venue... . Trawick's Florida Practice and Procedure § 5-8 (1982 ed.). Based on this distinction, Barley argues that the order bringing the case to Orange County did not count as a change of venue under section 47.131, Florida Statutes (1981), and therefore the Orange County Circuit Court order returning the case to Leon County did not constitute a second change....
...ng shuttled back and forth and to prevent coordinate courts from effectively overruling each other. [3] These reasons are no less compelling when a court transfers a case because it thinks venue has been laid in the wrong county. Therefore, based on section 47.131, Florida Statutes (1981), the Orange County Circuit Court erred by transferring venue back to Leon County....
CopyCited 5 times | Published | Supreme Court of Florida | 1992 WL 348339
...rule the order of another circuit judge. Had he independently considered and found that any of the grounds for change of venue exist in Leon County that existed in Dade County, an issue that has not been determined, then under the provision of *1295 section 47.131, Florida Statutes (1991), he could have transferred venue out of Leon County....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2001 WL 50495
...iled his petition seeking to modify the final judgment dissolving their marriage, naming her the primary residential parent of the parties' child, and ordering child support. We have jurisdiction. See Fla.R.App.P. 9.130(a)(3)(A). On the authority of section 47.131, Florida Statutes (1999), we reverse....
...rties, or either of them, ... reside [or, inter alia, ] ... in which the [original] order was rendered"), *961 the circuit court in Alachua County granted a second change of venue, sending the case back to the circuit court in Palm Beach County. But Section 47.131, Florida Statutes (1999), outlaws a second change of venue transferring a case back to the court which originally transferred it....
...When it appears to the court to which an action has been transferred by a change of venue that any of the grounds for change of venue exist in the county to which the action has been transferred, the court may order a second change of venue, but it shall not be made to the county from which it was originally transferred. § 47.131, Fla.Stat....
...Beach counties. Although section
61.13(2)(c), Florida Statutes (1999) refers to section
47.122, Florida Statutes (1999) (authorizing change of venue for "the convenience of the parties or witnesses or in the interest of justice"), without mentioning section
47.131, the convenience of the parties does not take precedence over the clear prohibition in section
47.131. See Bingham,
363 So.2d at 372 ("Appellee urges that convenience of the parties or witnesses constitutes an exception to the conclud[ing] clause of [section
47.131]....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 12587
...back to Palm Beach County. Clearly, Soldovere had the right to bring the action in Palm Beach County because under Keith her cause of action did not accrue until after the effective date of Section
768.28(1), Florida Statutes (1981). Were it not for Section
47.131, Florida Statutes (1981), there would be no question that the second transfer was proper. Section
47.131 provides: Change of venue; second change, when permitted....
...n the county to which the action has been transferred, the court may order a second change of venue, but it shall not be made to the county from which it was originally transferred. The parties, however, have chosen not to argue the applicability of Section 47.131....
...Hirsch Distributors, Inc.,
442 So.2d 958 (Fla. 4th DCA 1984): "When points, positions, facts and supporting authorities are omitted from the brief, a court is entitled to believe that such are waived, abandoned, or deemed unworthy." We therefore affirm without considering the applicability of Section
47.131....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 8412, 2005 WL 1330048
...venue privilege of a state agency to be sued in Leon County)" should be given effect in the present case. Our decision today rests squarely and exclusively on "the statutory prohibition against this sort of judicial ping pong."
774 So.2d at 961. See §
47.131, Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2366, 1985 Fla. App. LEXIS 16373
of argument by the parties as to the impact of §
47.131, Florida Statutes, following joinder of the City
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 3788, 2012 WL 751955
...ly occurred when it filed the amended information. After reviewing the victim's deposition, the Sarasota court granted Kotecki's motion to dismiss. However, the court then declined to transfer the case back to Manatee County based on the language of section 47.131, Florida Statutes (2010), which reads: Change of venue; second change, when permitted.When it appears to the court to which an action has been transferred by a change of venue that any of the grounds for change of venue exist in the...
...ferred, the court may order a second change of venue, but it shall not be made to the county from which it was originally transferred. *1152 (Underlined emphasis added.) This appeal followed. The State persuasively argues, and Kotecki concedes, that section 47.131 does not apply to criminal cases....
...any civil action to any other court of record in which it might have been brought.") (emphasis added). A different statute, section
910.03, Florida Statutes (2010), covers venue in criminal trials. Therefore, the trial court should not have applied section
47.131 as a justification for not transferring venue....
...l of all of the crimes in Broward County[.]"). By requesting and obtaining a change of venue to Sarasota County, Kotecki waived the right to be tried in Manatee County. Reversed and remanded. DAVIS and LaROSE, JJ., Concur. NOTES [1] In fact, even if section 47.131 were applicable to criminal cases, the statute allows a transfer back to the court which originally transferred the case when "the initial transferor court is the only court in the state where venue is lawful." See Lottinger-Serraes v....
CopyPublished | District Court of Appeal of Florida | 1985 Fla. App. LEXIS 11888
for further proceedings on the authority of section
47.131, Florida Statutes (1981). ANSTEAD, C.J., and
