CopyCited 20 times | Published | Supreme Court of Florida | 1994 WL 26993
...do not become effective until the court file has been received in the transferee court. Changes of venue in civil cases do not become effective until the court file has been received in the transferee court and costs and service charges required by section 47.191, Florida Statutes (1991), and Florida Rule of Civil Procedure 1.060 which are applicable to the case are paid....
...NOTES [1] Lozano argues that upon the entry of the order changing venue to the Ninth Judicial Circuit, appellate jurisdiction vested in the Fifth District Court of Appeal. The state concurs but suggests that in criminal cases changes of venue should not become effective until the trial commences in the transferee court. [2] Section 47.191 states that no change of venue is effective until costs are paid....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1989 WL 104137
...prospective jurors in question indicated that they would try to be fair and impartial and that many of them would not have been removed for cause. We also find no error in the denial of litigation expenses as part of the taxable costs. See generally § 47.191, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 1996 WL 166500
...The First District began its analysis by turning to Vasilinda. See Cottingham v. State,
656 So.2d 597 (Fla. 1st DCA 1995). It found that under Vasilinda, changes of venue in civil cases become effective when the court file is received in the transferee court and costs and service charges required by section
47.191, Florida Statutes (1993), [1] and Florida Rule of Civil Procedure 1.060 [2] are paid....
...The First District found that since the transfer was not effective until October 7 and the date of filing the notice of appeal was October 3, the Fifth District properly had appellate jurisdiction over this appeal. Id. The court specifically rejected the argument that payment of the costs and service charges required by section 47.191 and rule 1.060 would be deemed made on the date of mailing rather than the date of receipt by the clerk of the transferee court....
...However, to ensure a final resolution of this issue, it certified the foregoing question. The district court in the case addressed the issue by finding: We reject any suggestion that, for purposes of the rule announced in Vasilinda, payment of the costs and service charges required by section 47.191, Florida Statutes, and Florida Rule of Civil Procedure 1.060 is deemed to be made on the date of mailing rather than on the date of receipt by the clerk of the transferee court....
...f the transfer fees *30 and charges is the date of receipt of such charges by the transferee court. The decision of the district court is approved. It is so ordered. GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and ANSTEAD, JJ., concur. NOTES [1] Section 47.191, Florida Statutes, provides: Change of venue; payment of costs.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....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2150, 1989 Fla. App. LEXIS 4984
...prospective jurors in question indicated that they would try to be fair and impartial and that many of them would not have been removed for cause. We also find no error in the denial of litigation expenses as part of the taxable costs. See generally § 47.191, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 11641, 1996 WL 637654
...On American’s appeal, the order of dismissal was entered due to appellant’s failure to pay the clerk’s fee for transferring the case from Broward County to Escambia County. Appellant was successful in having this order vacated, based on her claim that under section 47.191, Florida Statutes (1993), the party moving for the change of venue must pay the transfer fee. American argues on appeal that Florida Rule of Civil Procedure 1.060(c) is in conflict with section 47.191, and being a procedural rule, takes precedence over the statute....
...Accordingly, the earlier order dismissing the complaint for Accetturo’s failure to pay the filing fee was in error. The trial court properly vacated the order of dismissal, because it was American’s obligation as the movant to pay the transfer fee under section 47.191....
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 2937, 2010 WL 785857
...Namon contends that the transferor court properly vacated the transfer order. We agree with Yacht Club. In a civil case, a change of venue becomes effective when the applicable costs and service charges are paid, and the *50 transferee court receives the court file. § 47.191, Fla....
CopyPublished | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 7038, 1995 WL 371146
...trict Court of Appeal on the grounds that “the proper forum” for this appeal was the First District Court of Appeal. The state’s motion to dismiss contains a representation that on September 26, 1994, plaintiffs paid the filing fee required by section 47.191, Florida Statutes and Rule 1.060, Florida Rules of Civil Procedure....
...on over an interlocutory appeal arising out of the transferred case, as follows: (1) ... Changes of venue in civil cases do not become effective until the court file has been received in the transferee court and costs and service charges required by section 47.191, Florida Statutes (1991), and Florida Rule of Civil Procedure 1.060 which are applicable to the case are paid....
...ifth District Court of Appeal and not this court. Clearly, under Vasilin-da, in order for the change of venue to become effective, not only must the court file have been received by the transferee court, but the costs and service charges required by section 47.191 and Florida Rule of Civil Procedure 1.060 must also have been paid....
...See also, Attorney’s Title Insurance Fund, Inc. v. North River Insurance Co.,
634 So.2d 731 (Fla. 4th DCA 1994). We reject any suggestion that, for purposes of the rule announced in Vasilinda , payment of the costs and service charges required by section
47.191, Florida Statutes, and Florida Rule of Civil Procedure 1.060 is deemed to be made on the date of mailing rather than on the date of receipt by the clerk of the transferee court....
CopyPublished | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 29024
moving party to pay costs as provided under section
47.191, Florida Statutes (1981). We therefore remand
CopyPublished | Florida 5th District Court of Appeal
...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....
CopyPublished | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 82, 2011 Fla. LEXIS 437, 2011 WL 536425
...do not become effective until the court file has been received in the transferee court. Changes of venue in civil cases do not become effective until the court file has been received in the transferee court and costs and service charges required by section 47.191, Florida Statutes (1991), and Florida Rule of Civil Procedure 1.060 which are applicable to the case are paid....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 16049
...its prior order transferring venue to the Martin County Circuit Court and directing that all future proceedings in the case be conducted in the Hillsborough court. The trial judge found that appellant/defendant had not satisfied the requirements of Section 47.191, Florida Statutes, because he failed to pay the costs which had accrued in the Hillsborough County action and that thereby the order transferring venue was ineffective....
...The order was silent with respect to the payment of any costs. Acting upon the April 20, 1976 order the clerk for Hillsborough County transferred the files of the action to Martin County as directed, and appellant paid the filing fee in the Martin County court on May 17, 1976. Section 47.191, Florida Statutes, states that: No change of venue shall be granted except on condition that the movant shall pay all costs that have accrued in the action....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 1366722, 2012 Fla. App. LEXIS 6173, 37 Fla. L. Weekly Fed. D 951
...do not become effective until the court file has been received in the transferee court. Changes of venue in civil cases do not become effective until the court file has been received in the transferee court and costs and service charges required by section 47.191, Florida Statutes (1991), and Florida Rule of Civil Procedure 1.060 which are applicable to the case are paid....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19055
...2d DCA 1975); University Federal Savings and Loan Association of Coral Gables v. Lightbourn,
201 So.2d 568 (Fla. 4th DCA 1967). *811 Further, the court having improperly attempted to retain jurisdiction, it also erred in not requiring The Church and Hubbard, as movants, to pay accrued costs. §
47.191, Fla.Stat. (1979). Accordingly, we vacate the court’s order, remand, and direct the trial court to enter an order transferring venue in accordance with section
47.141 and directing payment of costs as required by section
47.191....
