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2nd DCAMay 19, 2023Reversed and Remanded⭐ Notable

Pocock v. Pocock

Case No. 2D2022-1180

Thomas Pocock sued in Pinellas County on two promissory notes containing a clause consenting to suit in Pinellas County (or the Middle District, Tampa Division) and for a declaration on escrowed home-sale proceeds. The trial court transferred venue to Leon County under section 47.122 as a 'more appropriate forum.' The Second District reversed, holding that a contractual venue designation waives inconvenience-based venue objections and can be overridden only for compelling reasons, which were absent.

Key facts

  • Thomas Pocock sued on two promissory notes containing contractual venue-consent clauses designating Pinellas County (or Middle District, Tampa Division) and sought a declaration regarding escrowed home-sale proceeds.
  • The trial court transferred venue to Leon County under section 47.122, finding Leon County to be a 'more appropriate forum.'
  • +1 more key fact with a free trial

Why it matters

Useful ammunition for opposing forum non conveniens-style transfers where a contract contains a permissive venue clause: the court reaffirms the 'compelling reasons' standard and rejects attorney-location as a relevant… — full analysis with a trial

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