Legal Question in Personal Injury in Florida
Can I refuse the Defendants attorney�s motion to transfer my personal injury tort from Monroe County to Miami-Dade County? The Defendant�s attorney has filed a motion to transfer because they are located in Miami. Also, this motion was filed on the last day allowed for an answer and they are additionally seeking an extension of time to answer. His attorney states that due to my residing in Miami and being Pro Se that �Plaintiff would not be prejudiced� if it was to be moved. I prefer to keep the venue in Monroe. His arrest, Pre-trial intervention, police response and report, EMS services, etc. are all in Key Largo. The Defendant also has a notorious reputation in Key Largo that he would like to evade....
1 Answer from Attorneys
Where did the accident occur? The venue of the accident controls the location of the claim. The basis for the motion will control what the Judge does. You don't indicate that in your fact pattern. You support a reason to keep the case in Monroe, but you don't supply the facts they are supporting the transfer with in their motion.
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