When you file a lawsuit, one of the first questions is where it can be heard. Florida law gives people some choices about which county to sue in, and that choice can affect how convenient — and how expensive — a case becomes for everyone involved.
This question comes up often in disputes between homeowners and their insurance companies. A homeowner may want to file where the insurer keeps its main office, while the insurer may prefer the county where the damaged property sits. Who gets to decide, and what proof is required to move a case?
These issues were addressed in Pugh v. ASI Preferred Insurance Corporation, a decision from Florida’s Second District Court of Appeal.
Key Takeaway
In Florida, the person filing a lawsuit generally gets to pick among the legally allowed counties. To move a case to a different county for convenience, the party asking for the change must back up that request with actual evidence.
What happened in this case?
A married couple sued their insurance company for breach of contract. They filed in Pinellas County, where the insurance company has its principal place of business.
The insurance company asked the court to dismiss the case, arguing that Palm Beach County — where the insured property and witnesses were located — was a more convenient place for the lawsuit. The trial court dismissed the complaint without prejudice on that basis.
What does Florida law say about where to file?
Under section 47.011, Florida Statutes, lawsuits generally must be brought in the county where the defendant resides, where the cause of action accrued, or where the property in dispute is located. When the defendant is a Florida corporation, section 47.051 allows the plaintiff to file where the corporation keeps an office for its customary business.
The court explained that it is the plaintiff’s initial choice to select among these legally acceptable options. Here, filing in the county of the insurer’s principal place of business was one of those allowed choices.
Can a court still move the case?
Yes, but not freely. Under section 47.122, Florida Statutes, a court may transfer a case to another legally permissible venue for the convenience of the parties or witnesses, or in the interest of justice.
Evidence, not just argument
The court emphasized that this discretion is not unlimited. To overcome the plaintiff’s venue choice, the party seeking the change must submit affidavits or other sworn proof showing substantial inconvenience or undue expense.
Why did the appeals court reverse?
Once the insurance company argued for a different county, the burden shifted to it to present evidence supporting the change. The court noted that the insurer did not submit that kind of proof.
Because the case was dismissed without the required evidentiary support, the appellate court held that doing so was an abuse of discretion. The insurer conceded the error, and the court reversed and sent the case back for further proceedings.
Why does this matter to people with legal disputes?
This decision illustrates a general principle: the initial choice of an allowed venue belongs to the person filing suit, and moving a case elsewhere requires more than a preference. It requires real, sworn evidence of inconvenience or expense.
For homeowners and others dealing with lawsuits, the ruling reinforces that procedural rules about where a case is heard are taken seriously and depend on proof rather than assertion.
Disclaimer: This post is for general information only, is not legal advice, does not create an attorney-client relationship, and does not predict or guarantee any result. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before deciding, ask for free written information about the lawyer’s qualifications and experience.