## Facts

- Robert and Felisha Burns filed a negligence action arising from an automobile accident that occurred in Escambia County, Florida.
- The Burnses filed suit in Dade County, Florida, relying on the presence of a GEICO office there as a basis for venue.
- GEICO did not move to transfer venue, did not claim improper venue, and did not raise forum non conveniens.
- At a hearing on another matter, the trial court sua sponte announced it was transferring the case to Escambia County under forum non conveniens, stating the transfer was for the court’s own convenience.
- The trial court ordered the transfer without prior notice that venue would be addressed and without allowing either party to present argument or evidence on forum non conveniens factors.
- GEICO appealed the transfer order.

## Issues

1. Whether a trial court may transfer a case sua sponte on forum non conveniens grounds when the plaintiff’s chosen venue is proper and no party has raised forum non conveniens.
2. Whether a trial court may order such a transfer solely for the court’s convenience.
3. Whether transferring venue without notice and an opportunity to be heard is procedurally improper.

## Decision

- The appellate court reversed the venue transfer order.
- The court held that forum non conveniens transfer authority must be predicated on a proper challenge by a party, not exercised unilaterally by the trial court when venue is otherwise proper.
- The court held that the convenience of the court, standing alone, is not a permissible basis to override a plaintiff’s proper venue choice.
- The court held the sua sponte transfer without notice and an opportunity to be heard was improper.
- The case was remanded for further proceedings in the original venue.

## Legal Principles

- Forum non conveniens is ordinarily a party-invoked doctrine; a trial court’s ability to transfer on that basis requires a proper motion or challenge raising the issue.
- When a plaintiff selects a statutorily proper venue, that choice may not be displaced solely to serve court convenience.
- Venue-related relief must be handled through proper procedure, including notice and a meaningful opportunity for the parties to be heard on the grounds asserted.

## Conclusion

The court set aside a trial court’s sua sponte forum non conveniens transfer because the plaintiff’s venue choice was proper, no party sought transfer, court convenience alone was insufficient, and the parties were denied notice and an opportunity to be heard.


Gov’t Emps. Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996)