Opinion
No. 4D21-1110
07-14-2021
TOWER IMAGING, LLC a/a/o Anthony Macaluso, Appellant, v. USAA CASUALTY INSURANCE COMPANY, Appellee.
John C. Daly, Jr., and Matthew C. Barber of Daly & Barber, P.A. formerly known as PIP Portal Law Group, P.A., Plantation, for appellant. Jeffrey R. Geldens of Roig Lawyers, Miami, and Abbi Freifeld Carr and Veresa Jones Adams of Roig Lawyers, Deerfield Beach, for appellee.
John C. Daly, Jr., and Matthew C. Barber of Daly & Barber, P.A. formerly known as PIP Portal Law Group, P.A., Plantation, for appellant.
Jeffrey R. Geldens of Roig Lawyers, Miami, and Abbi Freifeld Carr and Veresa Jones Adams of Roig Lawyers, Deerfield Beach, for appellee.
Per Curiam.
The trial court sua sponte entered an order transferring venue without any showing that plaintiff's chosen venue was improper or that transfer was appropriate on forum non conveniens grounds. We issued an order directing the parties to show cause why these cases are not controlled by Advanced Diagnostic Group v. Ocean Harbor Cas. Ins. Co. , Case No. 4D21-458, 321 So. 3d 772 (Fla. 4th DCA Apr. 8, 2021), where this Court recently reversed a group of similar orders. Having considered the response and reply, we conclude that these cases are controlled by our recent decision in Advanced Diagnostics and Jones v. Sayer , 313 So. 3d 126 (Fla. 4th DCA 2021) (holding that a court may not sua sponte transfer an action for improper venue).
Accordingly, we reverse and remand for further proceedings.
Reversed and remanded .
Conner, C.J., Klingensmith and Artau, JJ., concur.