Nyberg v. Kemp

WIGGINTON, Judge.

Appellant appeals the trial court’s order sua sponte transferring venue of this case from Leon County to Marion County where appellant is confined in Marion Correctional Institution. We reverse.

As recognized by this court in Nyberg v. Snover, 604 So.2d 894 (Fla. 1st DCA 1992):

[I]t is the plaintiff’s prerogative to make the initial choice of venue in accordance with the applicable venue statute. Chrysler Credit Corporation v. Laliberty, 506 So.2d 67, 68 (Fla. 1st DCA 1987). Contrary to the trial court’s construction, there appears to be no authority for the proposition that…