Sarah Marie-Howell Tar v. Albert Luis Gonzalez
CourtDistrict Court of Appeal of Florida
Date FiledMarch 18, 2020
Docket3D19-2015
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed March 18, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-2015
Lower Tribunal No. 18-25496
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Sarah Marie-Howell Tar,
Appellant,
vs.
Albert Luis Gonzalez,
Appellee.
An appeal from a non-final order from the Circuit Court for Miami-Dade
County, Oscar Rodriguez-Fonts, Judge.
Martinez-Scanzini & Associates Law, P.A., and Denise Martinez-Scanziani,
for appellant.
Law Office of Carrie A. Turner, P.A., and Carrie A. Turner-Krzyzaniak, for
appellee.
Before SALTER, LINDSEY, and MILLER, JJ.
PER CURIAM.
Affirmed. See Marques v. Garcia, 245 So. 3d 900, 904 (Fla. 3d DCA 2018)
(“An order denying a motion to transfer venue under section 47.122, Florida
Statutes, is reviewed for an abuse of discretion . . . Where ‘the record contains a
logical basis for the exercise of [the trial judge’s] discretion,’ there is no abuse of
discretion.”) (second alteration in original) (quoting Mercer v. Raine, 443 So. 2d
944, 946 (Fla. 1983)); R.J. Reynolds Tobacco Co. v. Mooney, 147 So. 3d 42, 43
(Fla. 3d DCA 2014) (“As this court has already confirmed, a ‘plaintiff's forum
selection is presumptively correct, and in order to successfully challenge that
selection, the burden is upon the defendant to show either substantial inconvenience
or that undue expense requires a change for the convenience of the parties or
witnesses.’”) (quoting Gov’t Emps. Ins. Co. v. Burns, 672 So. 2d 834, 835 (Fla. 3d
DCA 1996)).
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