Amerivest Financial Group, Inc. v. Huntco of Marco, Inc.
Docket: No. 4-86-1198
Court: District Court of Appeal of Florida; March 17, 1987; Florida; State Appellate Court
An order from the trial court granting the appellee's motion to transfer venue to Collier County has been reviewed. The court determined that the appellee failed to prove that the appellant's chosen venue was improper, referencing Stolley Associates, Inc. v. Lawrence, 243 So.2d 446 (Fla. 4th DCA 1971). The appellant, as the plaintiff, has the right to select the venue, and it was the appellee's responsibility to demonstrate that it was entitled to be sued in a different location. The appellee did not meet this burden of proof. Consequently, the order for venue transfer is reversed. Judges Hersey, Downey, and Dell concur with this decision.