MGA Insurance Company, Inc. v. New Vista Diagnostic Imaging Services, LLC

Third DCA

MGA Insurance Company, Inc. v. New Vista Diagnostic Imaging Services, LLC—(Per Curiam Emas, Hendon, and Gordo; 3DCA; 1/11/23). This citation PCA reminds us of the standards for transferring venue. A trial court’s ruling on a motion to transfer venue under section 47.122 is reviewed for an abuse of discretion. When venue is proper in more than one county, the choice rests with the plaintiff and should not be disturbed without a showing of substantial inconvenience or the likelihood of injustice. In order to successfully challenge that selection, the burden is upon the defendant to show either substantial inconvenience or that undue expense requires a change for the convenience of the parties or witnesses. In order for a court to consider the convenience of the witnesses, the court must know who the witnesses are and the significance of their testimony. Affidavits in support of a motion to transfer venue are insufficient if they are little more than a laundry list of witness, their places of residence and the conclusory statements that it would be inconvenient for them to travel to the venue. 095845_i.pdf

Terry P. Roberts
Director of Appellate Practice Fischer Redavid PLLC
PDF Version

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