47.191
Change of venue; payment of costs.
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47.191 Change of venue; payment of costs.—No change of venue shall be granted except on condition that the movant, unless otherwise provided by the order of transfer, shall pay all costs that have accrued in the action including the required transfer fee. No change is effective until the costs are paid.
History.—s. 3, ch. 373, 1851; RS 1077; GS 1478; RGS 2678; CGL 4345; s. 3, ch. 67-254; s. 2, ch. 89-84.
Note.—Former s. 53.12.
Notes of Decisions
Cited in 15
cases, 1974–2012 · leading case: Vasilinda v. Lozano
Vasilinda v. Lozano (1994)
“Changes of venue in civil cases do not become effective until the court file has been received in the transferee court and costs and service charges required by section 47.191, Florida Statutes (1991), and Florida Rule of Civil Procedure 1.”
Hernandez v. State (2011)
“Changes of venue in civil cases do not become effective until the court file has been received in the transferee court and costs and service charges required by section 47.191, Florida Statutes (1991), and Florida Rule of Civil Procedure 1.”
Cottingham v. State (1995)
“The state’s motion to dismiss contains a representation that on September 26, 1994, plaintiffs paid the filing fee required by section 47.191, Florida Statutes and Rule 1.”
Cottingham v. State (1996)
“Once the change is effective, appellate jurisdiction is properly in the district court of appeal which serves as the appellate court for the transferee court, even if the order changing venue is at issue.”
Thornton v. DeBERRY BY DeBERRY (1989)
“See generally § 47.191, Fla. Stat. (1985). Therefore, the orders of the trial court are affirmed.”
Church of Scientology of California, Inc. v. Cazares (1981)
“§ 47.191, Fla.Stat. (1979). Accordingly, we vacate the court’s order, remand, and direct the trial court to enter an order transferring venue in accordance with section 47.”
Thornton v. DeBerry ex rel. DeBerry (1989)
“See generally § 47.191, Fla.Stat. (1985). Therefore, the orders of the trial court are affirmed.”
State v. Erber (1990)
“Section 47.191 provides no change is effective until costs are paid.”
Attorneys' Title Insurance Fund, Inc. v. North River Insurnce Co. (1994)
“In civil cases changes of venue do not become effective until the court file has been received in the transferee court and costs and service charges required by section 47.191, Florida Statutes, and Florida Rule of Civil Procedure 1.”
Harnden v. Iding (1982)
“However, the trial court neglected to order the moving party to pay costs as provided under section 47.191, Florida Statutes (1981). We therefore remand so the order may be amended to require the movant to pay the taxable costs.”
Gundersen v. Powell (1976)
“The trial judge found that appellant/defendant had not satisfied the requirements of Section 47.191, Florida Statutes, because he failed to pay the costs which had accrued in the Hillsborough County action and that thereby the order transferring venue was ineffective.”
Accetturo v. American Fidelity Life Insurance Co. (1996)
“Appellant was successful in having this order vacated, based on her claim that under section 47.191, Florida Statutes (1993), the party moving for the change of venue must pay the transfer fee.”
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