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sued to ass~rt this statutory privilege and the statute is ma~datory
ia its application. This is so even if a corporate co-defendant
maintains offices or transacts busfness in ot~er ~urisdictions.
See Enfinger v, Baxley, 96 So.2nd. 538 (Fla. Sup.Ct. 1957) and
Amick v. Hanousek, 323 So.2nd. 49 (2 DCA Fla. 1975). The Complaint j
filed below clearly shows that Preferred Risk is not charged with
. negiigence in the accident and is. at most, vicariously liable as
~cLindon's insurance carrier. The mere fact that Preferred Risk
maintains an office in St. Lucie County does not enhance the
argument that venue should lie in St. Lucie County. To hold
otherwise would sub~ect corporate insurors in like cases to habit-
ually being sued in "hfgh verdict" counties without regard to the ~
venue rights of individual parties litigant. Florida Statute
4?.112 cannot operate here to allow venue to attach in St. Lucie
County as the convenient forum. All facts consider~d, Orange
County would be equally if not more convenient than St. Lucie
County and, in any event, the theory of convenient forum should
never act to defeat the personal privilege afforded by F2orida
Statute 47.011 which is'a basic and fundamental legal right. The
Court has carefully considered the briefs and arguments of counsel
and, for the reasons stated, it is
ORDERED AND ADJUDGED that the Order of the County Judge
below denying Appellants' Notion to Dismiss and Motion to Transfer
is hereby reversed and set aside with instructions to grant said
~otion to Transfer, transferring this cause to the Gounty Court of
Orange County, Florida.
DONE AND ORDERED in Chambers at Fort Pierce, St. Lucie
County, Florida this day of February, 1978.
. / / A
i
•
ircuit Judge
Copies furnished to:
Hon . E. P. DeFriest , County Judge FII,EO AN4 RECaRGEG
Brennan , McA 1 i 1 ey , A lbury Hayskar ST.ItlCfE COUMT'? F~A ~
Attorneys for Appellant accEa ~3~Tk~s 14
i ~ LRIt Pi.i'.'~~T Cn~~p*
Ben L. Bryan, Jr. - ~ ~
Attorney for Appellee FF~ ~s ~ 06
j 393 ~qQ
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