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Sunday, December 15, 2019

Lower court applied incorrect standard in transfer of case, Florida appeals court rules

State Court

By Marian Johns | Nov 12, 2019

General court 06

MIAMI — In its second review of a case between a Naples real estate agency and an audio-video installation company, a Florida appeals court has reversed a lower court's transfer of the case to Collier County, stating the lower court applied an incorrect standard.

Original plaintiff Port Royal Property filed an appeal of a non-final order against defendant Woodson Electric Solutions, Robert Smallwood and Richard Hanson on Oct. 30 in Florida's Third District Court of Appeal. The appeal stems from Port Royal's lawsuit against Woodson in Miami-Dade County over a dispute regarding the installation of AV and internet systems in a Naples home owned by the agency. 

Port Royal argued that Woodson "made misrepresentations that induced the plaintiff to enter into a contract executed by the plaintiff in Miami," according to the District Court. 


"The trial court relied on two decisions from this court, Westchester Fire and Tome," the District Court stated in its decision. "The trial court’s reliance on these cases was misplaced. Based on the above analysis, we reverse the non-final order under review and remand for reconsideration of the defendants’ amended motion to transfer venue. We reverse the order under review and remand for further proceedings."

Port Royal is represented by Kevin Kaplan and Jeffrey Crockett of The Coffey Burlington Law Firm PL, and Woodson is represented by Ian Holmes, David Fraser and Daniel Fraser of The Holmes Fraser Law Firm PA. 

Florida Third District Court of Appeal case number 3D19-1397

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