47.091

Change of venue; power to grant.

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47.091 Change of venue; power to grant.—All courts have power and it is their duty to grant changes of venue as hereinafter provided. The order of transfer shall require the movant or, if the action was initially filed in the improper venue, the initially filing party to pay the filing fee required to file a new action in the court to which the action is moved. The payment of such filing fee shall be considered a transfer fee.

History.—s. 1, ch. 373, 1851; RS 1077; GS 1469; RGS 2668; CGL 4335; s. 3, ch. 67-254; s. 1, ch. 89-84.

Note.—Former s. 53.01.

Notes of Decisions

Cited in 5 cases, 1980–1996 · leading case: SHEFFIELD STEEL PROD. v. Powell Bros.

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SHEFFIELD STEEL PROD. v. Powell Bros. (1980) fladistctapp · cites it 2× “[2] § 47.091, Fla. Stat. (1979). [3] § 47.122, Fla.”

Tindall v. Smith (1992) fladistctapp · cites it 2× “§ 47.091, Fla. Stat. (1991). Chapter 47 contains the circumstances under which a court may grant a change of venue.”

State, Department of Highway Safety & Motor Vehicles v. Blatz (1996) fladistctapp · cites it 4× “§ 47.091, Fla. Stat. We, therefore, reverse the order of the trial court and remand with directions to require Blatz to pay the transfer fee.”

Mathis v. Wainwright (1986) fladistctapp “See section 47.091 and section 47.172, Florida Statutes.”

Posey v. Sheldon (1990) fladistctapp · cites it 2× “Section 47.091, Florida Statutes (1989) requires the party initially filing the action to pay the fees where the action was filed initially in the improper forum.”

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