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Filing # 128887971 E-Filed 06/16/2021 03:10:39 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
SILVER GROUP, LLC, a Florida limited
liability company,
Plaintiff,
vs. CASE NO: 20-000597-CA
CARIBBEAN HOMES OF FLORIDA, LLC,
a Florida limited liability company, and
J&S CONSULTING & CONSTRUCTION, LLC.,
a Florida limited liability company,
Defendants,
/
DEFENDANTS’ MOTION TO TRANSFER VENUE
COMES NOW, Defendants, CARIBBEAN HOMES OF FLORIDA, LLC.
(“CARRIBEAN HOMES”) and J&S CONSULTING & CONSTRUCTION, LLC. (J&S
CONSULTING”), by and through their undersigned attorney and move this Honorable Court for an
Order to transfer venue pursuant to Florida Statute § 47.122 and as grounds therefore state as follows:
1. This case was initiated in the Twentieth (20) Judicial Circuit in and for Charlotte
County, Florida.
2. Defendant, CARIBBEAN HOMES, is a Florida limited liability company with its
principal place of business in Cape Coral, Lee County, Florida.
3. Defendant, J&S CONSULTING, is a Florida limited liability company with its
principal place of business in Cape Coral, Lee County, Florida.
4. Defendants and Defendants’ counsel are all located in Lee County, Florida.
5. Although Charlotte County is the county in which the causes(s) of action arose and is
the location of the residential properties, the liens on the properties have been discharged.
Page 1 of 36. Currently, there are four (4) cases pending in Lee County with the same parties and
same allegations on breach of contract.
7. The parties in this case are the same as the parties in the four (4) cases pending in Lee
County.
8. The parties agree for reasons of convenience to have the cases currently before the
Twentieth Judicial Circuit in and for Charlotte County, Florida transferred to Lee County.
9. Notwithstanding the fact that Plaintiff initially sought venue in Charlotte County,
Florida, the Trial Court must balance its choice against the convenience of all the parties and the
witnesses. Additionally, the Court must determine whether “in the interest of justice”, it would be too
much of a burden on the Defendant for the case to proceed in Charlotte County, Florida especially
given the fact that witnesses from Lee County, Florida must travel to Charlotte County, Florida which
could impact and effect the ability of the Defendants to properly present and defend their case. E.I.
Dupont and De Noumours and Company v. Fuzzell, 681 So. 2d 1195 (Fla. 2d DCA 1996). The
decision impacts and affects Defendants’ procedural due process rights.
10. Venue in the Circuit Court in and for Lee County, Florida is proper, convenient, and
just, and the effects of the filing of the action by the Plaintiff in Charlotte County, Florida will be to
avoid a full and complete presentation of the claims and defenses to this Court and at the distinct
inconvenience of the Defendants and violation of Defendants’ due process rights as well as an
inconvenience and burden to the prospective witnesses to be involved in this action. Resolution Trust
Corp. v. Dias, 578 So. 2d 40 (Fla. 4th DCA 1991).
11. It would be proper and the Court would be correct to transfer this action to the Circuit
Court in and for Lee County, Florida inasmuch as all the parties reside in Lee County, Florida, the
alleged wrongs were committed in Lee County, Florida and the predominant adverse impact of these
Page 2 of 3wrongs would take place in Lee County. Florida. Della-Donna_v. Goran Newspaper. 390 So. 2d 87
(Fla. 4th DCA 1980).
WHEREFORE, Detendants, CARIBBEAN HOMES OF FLORIDA, LLC. and J&S
CONSULTING & CONSTRUCTION, LLC.. respectfully request this Honorable Court for an
Order transferring this case from the Twentieth Judicial Circuit in and for Charlotte County, Florida
to the Twentieth Judicial Circuit in and for Lee County, Florida.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY a true and correct copy of the foregoing was furnished via the
Florida Courts’ E-Portal to all counsel of record on this le; day of June, 2021.
LAW OFFICE OF JURSINSKI & MURPHY, PLLC
15701 S. Tamiami Trail.
Fort Myers. Florida 33908
Tel: (239) 337-1147
Fax: (239) 337-5364
yan Murphy. Esq.
Metida Bar No.: 1007695
Page 3 of 3
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Filing # 128887971 E-Filed 06/16/2021 03:10:39 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION SILVER GROUP, LLC, a Florida limited liability company, Plaintiff, vs. CASE NO: 20-000597-CA CARIBBEAN HOMES OF FLORIDA, LLC, a Florida limited liability company, and J&S CONSULTING & CONSTRUCTION, LLC., a Florida limited liability company, Defendants, / DEFENDANTS’ MOTION TO TRANSFER VENUE COMES NOW, Defendants, CARIBBEAN HOMES OF FLORIDA, LLC. (“CARRIBEAN HOMES”) and J&S CONSULTING & CONSTRUCTION, LLC. (J&S CONSULTING”), by and through their undersigned attorney and move this Honorable Court for an Order to transfer venue pursuant to Florida Statute § 47.122 and as grounds therefore state as follows: 1. This case was initiated in the Twentieth (20) Judicial Circuit in and for Charlotte County, Florida. 2. Defendant, CARIBBEAN HOMES, is a Florida limited liability company with its principal place of business in Cape Coral, Lee County, Florida. 3. Defendant, J&S CONSULTING, is a Florida limited liability company with its principal place of business in Cape Coral, Lee County, Florida. 4. Defendants and Defendants’ counsel are all located in Lee County, Florida. 5. Although Charlotte County is the county in which the causes(s) of action arose and is the location of the residential properties, the liens on the properties have been discharged. Page 1 of 36. Currently, there are four (4) cases pending in Lee County with the same parties and same allegations on breach of contract. 7. The parties in this case are the same as the parties in the four (4) cases pending in Lee County. 8. The parties agree for reasons of convenience to have the cases currently before the Twentieth Judicial Circuit in and for Charlotte County, Florida transferred to Lee County. 9. Notwithstanding the fact that Plaintiff initially sought venue in Charlotte County, Florida, the Trial Court must balance its choice against the convenience of all the parties and the witnesses. Additionally, the Court must determine whether “in the interest of justice”, it would be too much of a burden on the Defendant for the case to proceed in Charlotte County, Florida especially given the fact that witnesses from Lee County, Florida must travel to Charlotte County, Florida which could impact and effect the ability of the Defendants to properly present and defend their case. E.I. Dupont and De Noumours and Company v. Fuzzell, 681 So. 2d 1195 (Fla. 2d DCA 1996). The decision impacts and affects Defendants’ procedural due process rights. 10. Venue in the Circuit Court in and for Lee County, Florida is proper, convenient, and just, and the effects of the filing of the action by the Plaintiff in Charlotte County, Florida will be to avoid a full and complete presentation of the claims and defenses to this Court and at the distinct inconvenience of the Defendants and violation of Defendants’ due process rights as well as an inconvenience and burden to the prospective witnesses to be involved in this action. Resolution Trust Corp. v. Dias, 578 So. 2d 40 (Fla. 4th DCA 1991). 11. It would be proper and the Court would be correct to transfer this action to the Circuit Court in and for Lee County, Florida inasmuch as all the parties reside in Lee County, Florida, the alleged wrongs were committed in Lee County, Florida and the predominant adverse impact of these Page 2 of 3wrongs would take place in Lee County. Florida. Della-Donna_v. Goran Newspaper. 390 So. 2d 87 (Fla. 4th DCA 1980). WHEREFORE, Detendants, CARIBBEAN HOMES OF FLORIDA, LLC. and J&S CONSULTING & CONSTRUCTION, LLC.. respectfully request this Honorable Court for an Order transferring this case from the Twentieth Judicial Circuit in and for Charlotte County, Florida to the Twentieth Judicial Circuit in and for Lee County, Florida. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY a true and correct copy of the foregoing was furnished via the Florida Courts’ E-Portal to all counsel of record on this le; day of June, 2021. LAW OFFICE OF JURSINSKI & MURPHY, PLLC 15701 S. Tamiami Trail. Fort Myers. Florida 33908 Tel: (239) 337-1147 Fax: (239) 337-5364 yan Murphy. Esq. Metida Bar No.: 1007695 Page 3 of 3