Narrative Opinion Summary
In this case, Geraldine Accetturo appealed a trial court's decision denying her motion to vacate a prior venue transfer to Escambia County in her civil lawsuit against American Fidelity Life Insurance Company. The original venue transfer was granted based on Accetturo's own motion. However, her later attempts to appeal the transfer were dismissed as untimely due to an improper motion for rehearing. The court rejected her subsequent motion to vacate the transfer order, emphasizing the inappropriateness of repetitive actions and finding her arguments unpersuasive. Separately, the court addressed American's appeal of an order vacating a case dismissal due to Accetturo's non-payment of the clerk's fee for the venue transfer. Accetturo successfully argued that under section 47.191 of the Florida Statutes, American, as the moving party, was responsible for the fee. The court held that Florida Rule of Civil Procedure 1.060(c) did not apply since the venue change was based on forum non conveniens, not improper venue. Consequently, the dismissal for non-payment was deemed erroneous, and the trial court's decision to vacate it was affirmed. Judges Glickstein and Warner concurred in the judgment.
Legal Issues Addressed
Application of Florida Rule of Civil Procedure 1.060(c)subscribe to see similar legal issues
Application: The court found that this rule was inapplicable to the case since the venue transfer was based on forum non conveniens rather than improper venue, thus supporting the decision to vacate the dismissal.
Reasoning: American contended that Florida Rule of Civil Procedure 1.060(c) conflicted with the statute but the court determined that this rule did not apply since the venue change was based on forum non conveniens, not improper venue.
Responsibility for Transfer Fees under Florida Statutes Section 47.191subscribe to see similar legal issues
Application: The court ruled that American Fidelity Life Insurance Company was responsible for the clerk's fee associated with the venue transfer, as Accetturo successfully demonstrated according to the statute.
Reasoning: Accetturo successfully argued that under section 47.191 of the Florida Statutes, it was American's responsibility to pay the transfer fee as the moving party.
Venue Transfer under Forum Non Convenienssubscribe to see similar legal issues
Application: The court affirmed the denial of Geraldine Accetturo's motion to vacate a venue transfer based on her own previous successful motion. The successor judge upheld the decision, indicating repetitive motions should not be entertained.
Reasoning: Accetturo's request to have the transfer order vacated by a successor judge was also denied, with the court affirming that this repetitive action should not be allowed, and her arguments on the merits were found unpersuasive.