 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Pozo v. Roadhouse Grill8/10/2001
Non-Final Appeal from the Circuit Court for Orange County, William C. Gridley, Judge.
Pozo appeals the trial court's non-final order denying his motion to dismiss for improper venue. This court has jurisdiction to review this non-final order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(A). Because the complaint fails to allege venue in Orange County, we reverse the trial court's denial of Pozo's motion to dismiss and remand for an evidentiary hearing to determine whether all defendants commonly reside in Dade County. If so, the trial court should transfer the case to Dade County.
Pozo is a defendant in the underlying suit for professional malpractice arising out of his representation of Roadhouse Grill, Inc. ("Roadhouse") in a workers' compensation and personal injury lawsuit. In the personal injury suit, Roadhouse and Roadhouse Grill North Miami, Inc., ("Roadhouse North Miami"), were sued by Eric Shine, who was injured during the course of his employment with Roadhouse North Miami. The lawsuit was filed in Dade County.
Roadhouse North Miami had a workers' compensation and employer liability insurance contract with Florida Agri-Business and Industries Self Insurance Fund. That entity was purchased by Humana Workers' Compensation Services, Inc. ("Humana"). Humana was obligated to defend Roadhouse North Miami in lawsuits that came under the insurance contract.
Humana retained Pozo to defend both Roadhouse North Miami and Roadhouse in the personal injury suit. In the course of the proceeding, Humana won a declaratory judgment action in which the trial court ruled that only Roadhouse North Miami, as Shine's employer, was entitled to workers' compensation immunity. Humana further prevailed in a declaratory judgment action in which the trial court ruled that Humana had no duty to provide a defense or indemnification to Roadhouse. Pursuant to these rulings, Roadhouse North Miami obtained a summary judgment in the personal injury lawsuit and Humana withdrew its defense of Roadhouse, leaving Roadhouse as the only remaining defendant.
After Roadhouse settled Shine's case, it filed a complaint against Humana, Pozo and his former law firm, Miller, Kagan, Rodriguez & Silver, P.A. ("Miller Kagan"), alleging among other things, that Pozo negligently represented Roadhouse and conspired with Humana to Roadhouse's detriment. Roadhouse filed the action in Orange County. It alleged in the complaint that:
Venue is proper in Orange County, Florida, as Defendants are authorized to do business in Orange County, and pursuant to the contractual forum selection clause set forth in Exhibit "A".
The complaint further alleged that Pozo was "an attorney licensed to practice law in the state of Florida" and his law firm, Miller Kagan, was organized for purposes of and to provide legal services in the State of Florida". It also alleged that the primary defendant, Humana, was a foreign corporation "authorized to do business in and from Orange County, Florida".
Pozo timely filed a motion to dismiss for improper venue, or alternatively, transfer the case to Dade County. The trial court denied the motion and Pozo appealed. Pozo argues that the trial court erred in refusing to transfer venue from Orange County to Dade County, relying on a venue selection clause in a contract to which neither Pozo nor Roadhouse were parties. Pozo also argues that the trial court abused its discretion in failing to transfer venue where it appeared on the face of the complaint that Orange County had no significant relationship to the case.
Roadhouse responds that venue was proper for several reasons: 1) the primary defendant, Human
Page 1 2 3 4 5 Florida Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|