Avis Rent a Car Sys., Inc. v. Broughton, 672 So. 2d 656 (Fla. 4th DCA 1996). · Go Syfert
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Avis Rent a Car Sys., Inc. v. Broughton, 672 So. 2d 656 (Fla. 4th DCA 1996). Cases Citing This Book View Copy Cite
“trial court abuses its discretion in denying a motion for change of venue when the only connection to the county in which the action is filed is the fact that the nonresident corporation has an agent there.”
8 citation events (3 in the last 25 years) across 1 distinct court.
Strongest positive: Progressive Select Insurance Company v. Brooke Celest Walden (fladistctapp, 2025-07-16)
Top citers, strongest first. 5 distinct citers.
examined Cited as authority (verbatim quote) Progressive Select Insurance Company v. Brooke Celest Walden
Fla. Dist. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
trial court abuses its discretion in denying a motion for change of venue when the only connection to the county in which the action is filed is the fact that the nonresident corporation has an agent there.
discussed Cited as authority (rule) EAGLE TRANSPORT CORPORATION OF NORTH CAROLINA d/b/a EAGLE TRANSPORT CORPORATION and CYNTHIA S. ROBERTS v. JACQUELINE ROCH-HERNANDEZ, as Personal Representative of THE ESTATE OF LUCCA G. ROCH-HERNANDEZ
Fla. Dist. Ct. App. · 2021 · confidence medium
See ATP Tour, Inc. v. Skoff, 758 So. 2d 1226, 1228 (Fla. 4th DCA 2000) (“Our court has held that a trial court abuses its discretion if it denies a motion to change venue where the only connection to the county in which 2 the action is filed is that a non-resident corporation had an agent for service there.”); Avis Rent A Car Sys., Inc. v. Broughton, 672 So. 2d 656, 656 (Fla. 4th DCA 1996) (same); Morrill v. Lytle, 893 So. 2d 671, 673 (Fla. 1st DCA 2005) (trial court abused its discretion in denying motion to transfer venue from Duval County to Alachua County where accident occurred in Ala…
cited Cited "see" PV Holding Corp. v. Broughton
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See Avis Rent A Car System, Inc. v. Broughton, 672 So.2d 656 (Fla. 4th DCA 1996).
discussed Cited "see, e.g." ATP Tour, Inc. v. Skoff
Fla. Dist. Ct. App. · 2000 · signal: see, e.g. · confidence low
See, e.g., Avis Rent A Car Sys., Inc. v. Broughton, 672 So.2d 656 (Fla. 4th DCA 1996); Braun v. Stafford, 529 So.2d 735 (Fla. 4th DCA 1988); Hughes Supply, Inc. v. Pearl, 403 So.2d 614 (Fla. 4th DCA 1981); Hertz Corp. v. Rentz, 326 So.2d 216 (Fla. 4th DCA 1976); Peterson, Howell & Heather v. O’Neill, 314 So.2d 808 (Fla. 3d DCA 1975).
discussed Cited "see, e.g." Sullivan v. Klein
Fla. Dist. Ct. App. · 1997 · signal: see also · confidence medium
Co., 673 So.2d 958, 959 (Fla. 3d DCA 1996) ("It is `in the interest of justice,' ... that a Dade County jury, which is both a scarce and precious resource, should not be burdened with determining a case that has no connection with Dade County."); see also Avis Rent A Car System, Inc. v. Broughton, 672 So.2d 656, 656 (Fla. 4th DCA 1996) (holding trial court abused its discretion in denying a motion for change of venue when only connection to county in which action is filed is the fact that nonresident corporation has agent there); Prudential Property and Cas.
AVIS RENT A CAR SYSTEM, INC., Appellant,
v.
Kenneth J. BROUGHTON and Lester Gilkey as Co-Personal Representative of the Estate of Jerry Gilkey, deceased, Appellees.
95-2105.
District Court of Appeal of Florida, Fourth District.
May 1, 1996.
672 So. 2d 656
Warner.
Cited by 7 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: District Court of Appeal of Fl… (1)

Philip Glatzer of Law Offices of David R. Howland, Coral Gables, for Appellant.

Tod Aronovitz and Barbara Perez of Aronovitz & Associates, P.A., Miami, and Gary H. Reiner of Reiner & Bouffard, Kittery, Maine, for Appellees.

WARNER, Judge.

Appellees brought a wrongful death action in Broward County involving an accident which occurred in Brevard County. The appellant unsuccessfully moved the trial court to change venue from Broward County to Brevard County on forum non conveniens grounds. We reverse.

The decedent and his family were all residents of Maine. The individual defendants were residents of Pennsylvania. One eyewitness was from Georgia, and the remainder of the persons likely to testify regarding the incident were members of the Brevard Sheriff's Office who investigated the accident as well as medical personnel located in Brevard County. The only connection to Broward County is the fact that the corporate defendant has a registered agent in that county.

We reverse the trial court's denial of the motion to change venue pursuant to section 47.122, Florida Statutes (1995), under the authority of Braun v. Stafford, 529 So.2d 735 (Fla. 4th DCA 1988); Hughes Supply, Inc. v. Pearl, 403 So.2d 614 (Fla. 4th DCA 1981); Hertz Corp. v. Rentz, 326 So.2d 216 (Fla. 4th DCA 1976); Peterson, Howell & Heather v. O'Neill, 314 So.2d 808 (Fla. 3d DCA 1975), all of which hold that the trial court abuses its discretion in denying a motion for change of venue when the only connection to the county in which the action is filed is the fact that the nonresident corporation has an agent there.

[*657] Appellees contend that because most of the witnesses and the plaintiffs are from out of state, it will be more convenient for most of the witnesses and plaintiffs to travel to Fort Lauderdale rather than to Brevard County. This convenience argument was rejected in Peterson, which stated:

While we must concur that transportation facilities are generally better in metropolitan areas, we cannot recognize it as a rule of practice that it is always more convenient for parties to have their lawsuit tried in such areas. If this were so, it might follow that every lawsuit involving some out-of-state parties would be better tried in a metropolitan area. We think that it was the purpose of the venue statutes, that the lawsuit should be tried in the area where the cause of action arose whenever consonant with the residence and convenience of the parties.

Id. at 810 (citations omitted).

For these reasons, we reverse and remand with directions that the court transfer this case to Brevard County.

DELL and FARMER, JJ., concur.