RYDER TRUCK RENTAL, INC., EATON CORPORATION AND B. F. GOODRICH COMPANY, APPELLANTS,
v.
WILLIAM EARL RAY AND PATRICIA RAY, HIS WIFE, APPELLEES
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PER CURIAM.
We affirm on the authority of the rule that when one of the parties is domiciled in the state of Florida, the doctrine of forum non conveniens does not permit the dismissal even of a claim which arose in and has almost all its relevant contacts with another state. Houston v. Caldwell, 359 So. 2d 858 (Fla.1978); Sempe v. Coordinated Caribbean Transport, Inc., 363 So. 2d 194 (Fla. 3d DCA 1978), cert. denied, 372 So. 2d 467 (Fla.1979). Moreover, we cannot hold that the trial court abused its discretion under Section 47.122, Fla.Stat. (1979) in declining to transfer the case to another Florida county which itself had limited meaningful relationship to the action. This association, while greater than that of Dade County where the case was brought, was not sufficient to overcome, as a matter of law, the plaintiff’s statutory right to the choice of forum. See Houchins v. Florida East Coast R. Co., 388 So. 2d 1287 (Fla. 3d DCA 1980), and cases cited.
Affirmed.
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Nylund v. Motel 6, Inc., 490 So. 2d 216 (Fla. 4th DCA 1986)…80). In addition, the doctrine of forum non conveniens may not be used to deprive Florida of jurisdiction where, as in this case, the plaintiff is a Florida resident. Houston v. Caldwell, 359 So. 2d 858 (Fla. 1978); Ryder Truck Rental Inc. v. Ray, 418 So. 2d 294 (Fla. 3rd DCA 1982). Accordingly, the order dated September 10, 1985 is reversed and this case is remanded to the trial court with instructions to reinstate the complaint. GLICKSTEIN and GUNTHER, JJ., concur.…
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Brigitte Oboussier-Lowe v. Kuehne & Nagel (A.G. & Co.), 531 So. 2d 249 (Fla. 5th DCA 1988)…in, 362 So. 2d 17 (Fla.1978); Houston v. Caldwell, 359 So. 2d 858 (Fla.1978); Nylund v. Motel 6, Inc., 490 So. 2d 216 (Fla. 4th DCA 1986); Armadora Naval Dominicana, S.A. v. Garcia, 478 So. 2d 873 (Fla. 3d DCA 1985); Ryder Truck Rental, Inc. v. Ray, 418 So. 2d 294 (Fla. 3d DCA 1982); Adams v. Seaboard Coast Line Railroad Company, 224 So. 2d 797 (Fla. 1st DCA 1969). Kuehne argues that this rule, should not apply because Lowe was merely a third party beneficiary of a contract between a German corporation and a…
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McKENZIE Tank Lines, Inc. v. Nestor Valdes, 625 So. 2d 1330 (Fla. 3d DCA 1993)…ER CURIAM. Appellant, McKenzie Tank Lines, Inc., appeals a non-final order denying a motion to transfer venue. We affirm. It is well settled that the trial court’s determination on venue is presumptively correct. Ryder Truck Rental, Inc. v. Ray, 418 So. 2d 294 (Fla. 3d DCA 1982), review denied sub nom., B.F. Goodrich v. Ray, 427 So. 2d 736 (Fla.1983); Taylor v. Dasilva, 401 So. 2d 1161 (Fla. 3d DCA 1981). In close cases, the appellate court should defer to the judgment of the trial court. Hu v. Crockett,…
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- Houston v. Caldwell, 359 So. 2d 858 (Fla. 1978)
- Coleman P. Houchins, Jr. v. Fla. E. Coast Ry. Co., 388 So. 2d 1287 (Fla. 3d DCA 1980)
- Sempe v. Coordinated Caribbean Transp., Inc., 363 So. 2d 194 (Fla. 3d DCA 1978)