Van Voorhis v. Comins

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MATTHEW FREDERICK VAN VOORHIS, Appellant, v. Case No. 5D14-3526 CHRISTOPHER COMINS, Appellee. ________________________________/ Opinion filed December 4, 2015 Non-Final Appeal from the Circuit Court for Orange County, Sally D.M. Kest, Judge. Marc J. Randazza, of Randazza Legal Group, Las Vegas, for Appellant. Grey Squires-Binford, Frank H. Killgore, Jr., of Killgore, Pearlman, Stamp, Ornstein & Squires, P.A., Orlando, for Appellee. PER CURIAM. The issue in this case is whether the trial court erred when it denied Appellant’s motion to transfer venue from Orange County to Alachua County in this action for defamation based upon posts made in an Internet blog. Because there was no allegation or evidence in the record that the blog was accessed by anyone in Orange County, venue there is improper. Shahnasarian v. Tejedor, 41 So. 3d 348 (Fla. 5th DCA 2010). Accordingly, we reverse and remand with instructions that the trial court transfer this action to Alachua County. REVERSED AND REMANDED. PALMER, ORFINGER and TORPY, JJ., concur. 2

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