Opinion
Nos. 3D23-516 3D23-517
09-20-2023
Nora Perez SALAZAR, etc., Appellant, v. PREMIER AIR CENTER, LLC, etc., et al., Appellees.
Jimenez, Hart & Mazzitelli, LLP, and Gabriel D. Mazzitelli; Armas Bertran Zincone, and J. Alfredo Annas; MSP Recovery Law, and John H. Ruiz and Alexis Fernandez, for appellant. Wicker Smith O’Hara McCoy & Ford, P.A., and Michael R. D’Lugo (Orlando), for appellee Premier Air Center, LLC d/b/a West Star Aviation, LLC.
Appeal from the Circuit Court for Miami-Dade County, Carlos Guzman, Judge. Lower Tribunal No. 20-21227
Jimenez, Hart & Mazzitelli, LLP, and Gabriel D. Mazzitelli; Armas Bertran Zincone, and J. Alfredo Annas; MSP Recovery Law, and John H. Ruiz and Alexis Fernandez, for appellant.
Wicker Smith O’Hara McCoy & Ford, P.A., and Michael R. D’Lugo (Orlando), for appellee Premier Air Center, LLC d/b/a West Star Aviation, LLC.
Before LOGUE, C.J., and EMAS and BOKOR, JJ. ON CONFESSION OF ERROR
LOGUE, C.J.
Based upon Premier Air Center, LLC d/b/a West Star Aviation, LLC’s commendable confession of error, and our review of the record, we reverse the trial court’s order dismissing the claims against West Star in the underlying complaint and direct the trial court to enter an order transferring the claims to Palm Beach County, Florida. See Fla. R. Civ. P. 1.060(b) ("When any action is filed laying venue in the wrong county, the court may transfer the action …. ").
"Where the challenge [to venue] is by a motion to dismiss, transfer is the more appropriate remedy[,]" particularly when the trial court’s dismissal results in a dismissal with prejudice because the statute of limitations has run, as is the case here. Gross v. Franklin, 387 So. 2d 1046, 1048 (Fla. 3d DCA 1980); Chase v. Jowdy Indus., Inc., 913 So. 2d 1173, 1174 (Fla. 4th DCA 2005) ("The court found that venue was proper in another county but that plaintiff was barred from refiling the case in that county by the lapse of the statute of limitations. Plaintiff argues that a dismissal on such grounds is error. We agree."). See also Bd. of Cnty. Com’rs of Madison Cnty. v. Grice, 438 So. 2d 392, 395 (Fla. 1983) (Ehrlich, J., specially concurring) ("Transferring an action circumvents the operation of the statute of limitations and promotes the ends of justice.").
Reversed and remanded.