Narrative Opinion Summary
In this appellate case, the University of Florida Board of Trustees (UF-BOT) contested a trial court's decision refusing to transfer venue from Polk County to Alachua County in a wrongful death lawsuit filed by the parents of the deceased, arising from treatment at Winter Haven Hospital. The central legal issue involved the interpretation of 'substantial presence' under section 768.28(1) for determining venue appropriateness. UF-BOT argued its operations were primarily in Alachua County and lacked substantial presence in Polk County. However, the trial court found that UF-BOT’s staffing of emergency room physicians at a major hospital in Polk County constituted a substantial presence, fulfilling its constitutional missions of teaching, research, and public service. The court confirmed this decision on de novo review, noting that 'transaction of customary business' includes ongoing activities integral to an organization's usual operations, such as providing emergency medical services. The appellate court upheld the trial court's ruling, affirming that the presence in Polk County was sufficient for venue purposes, and clarified that the statute does not necessitate a greater presence than in the home county. The decision highlights the flexibility in venue statutes regarding substantial presence and customary business operations in wrongful death suits against institutional defendants.
Legal Issues Addressed
Customary Business Operations and Venuesubscribe to see similar legal issues
Application: The court found that staffing the emergency room of a major hospital qualifies as UF-BOT's customary business, supporting venue in Polk County as part of its ongoing public service mission.
Reasoning: UF-BOT's mission includes providing public services, and staffing the emergency room of a major hospital in Polk County fulfills this purpose, qualifying as customary business.
No Requirement for Greater Presence than Home Countysubscribe to see similar legal issues
Application: The statute does not require UF-BOT's presence in Polk County to surpass its operations in Alachua County; any substantial presence suffices for venue determination.
Reasoning: The court declined to compare UF-BOT's presence in Polk County to its larger operations in Alachua County, emphasizing that the statute allows for a venue based on any substantial presence.
Substantial Presence for Venue Determinationsubscribe to see similar legal issues
Application: UF-BOT's provision of emergency room physicians at Winter Haven Hospital in Polk County was deemed a substantial presence, fulfilling its constitutional missions, thereby meeting the statutory requirements for venue under section 768.28(1).
Reasoning: UF-BOT fulfilled its constitutional missions, including teaching, research, and public service, in Polk County by providing emergency room physicians.
Venue Transfer in Wrongful Death Actionssubscribe to see similar legal issues
Application: The trial court denied UF-BOT's motion to transfer venue, establishing that Polk County is appropriate because the cause of action arose there and UF-BOT maintains a substantial presence through its contractual obligations and activities.
Reasoning: The trial court ultimately denied the venue transfer, affirming that UF-BOT had a substantial presence in Polk County due to its service provision and associated research activities.