BMS of Broward, Inc. v. Carter

FLETCHER, Judge.

BMS of Broward, Inc. [BMS] appeals an order granting appellee Mike Carter’s motion to transfer the action to Manatee County, Florida. We reverse and remand for an evidentiary hearing on the motion.

Carter’s motion to transfer was noticed by him for hearing on the trial court’s motion calendar. At the hearing BMS requested a continuance to a date when it could present its witnesses, the attendance of whom BMS had not secured for the motion calendar hearing. The court denied the request, heard the motion without the presentation of BMS’ testimony, and granted it.

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