NATIONAL AIRCRAFT SERVICE, INC., A DELAWARE CORPORATION, APPELLANT,
v.
NEW YORK AIRLINES, INC., A DELAWARE CORPORATION, APPELLEE
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Florida appellate court reversed dismissal of suit between two Delaware corporations doing business in Florida, holding that forum non conveniens does not apply when venue is properly established and defendants are licensed to do business in the state.
Foreign corporations licensed to do business in Florida with a place of business in Florida cannot be prevented from pursuing a cause of action in Florida courts based on the doctrine of forum non conveniens when venue is properly established.
[1] When venue is properly established in Florida because a party is a resident or licensed to do business in the state, a suit cannot be dismissed on forum non conveniens gr…
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Join FLexlaw to unlock all legal intelligence“foreign corporations licensed to do business in Florida, with a place of business in Florida cannot be prevented from pursuing a cause of action in Florida courts based upon the doctrine of forum non convenience”
Court's holding regarding the applicability of forum non conveniens doctrine to foreign corporations with Florida business presence
National Aircraft Service, Inc. and New York Airlines, Inc. are both Delaware corporations licensed to do business in Florida and conducting business …
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WESSEL, JOHN D., Associate Judge.
Based upon the doctrine of forum non conveniens the trial court dismissed this case for lack of jurisdiction. We reverse. The appellant, National Aircraft Service, Inc., and the appellee, New York Airlines, Inc., are both Delaware corporations and both licensed to do business in Florida and in fact conduct business in Florida. The extent to which these parties conduct business in Florida is irrelevant for the purposes of jurisdiction.
In Houston v. Caldwell, 359 So. 2d 858 (Fla.1978), the court held that, if venue has been properly established because one of the parties is a resident of this state, the suit may not be dismissed based upon forum non conveniens, i.e., because another state may be a more appropriate forum. Also, an out-of-state partnership with an office in Florida was not precluded from being sued in Florida. Waite v. Summit Leasing & Capital International Corp., 441 So. 2d 185 (Fla. 4th DCA 1983). Similarly, we hold that foreign corporations licensed to do business in Florida, with a place of business in Florida cannot be prevented from pursuing a cause of action in Florida courts based upon the doctrine of forum non convenience.
REVERSED AND REMANDED.
DOWNEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Kinney Sys., Inc. v. The Cont'l Ins. Co., 674 So. 2d 86 (Fla. 1996)…ed Kinney in Florida circuit court. However, the trial judge dismissed based on the doctrine of forum non conveniens. On appeal, the Fourth District reversed. It cited its own precedent in National Aircraft Service, Inc. v. New York Airlines, Inc., 489 So. 2d 38, 39 (Fla. 4th DCA 1986), for the proposition that forum non conveniens does not apply where one of the corporate parties to the action is “licensed to do business in Florida, with a place of business in Florida.” Addressing a similar problem, howeve…
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Nat'l Rifle Ass'n OF Am. v. Linotype Co., 591 So. 2d 1021 (Fla. 3d DCA 1991)…r v. Avianca, Inc., 580 So. 2d 787 (Fla. 3d DCA 1991); Southern Ry. v. McCubbins, 196 So. 2d 512 (Fla. 3d DCA 1967); Adams v. Seaboard Coast Line R.R., 224 So. 2d 797 (Fla. 1st DCA 1969); cf. National Aircraft Serv., Inc. v. New York Airlines, Inc., 489 So. 2d 38 (Fla. 4th DCA 1986). . Mitsubishi Elec. Sales America, Inc. v. Refriaire Int'l Corp. N.V., 538 So. 2d 982 (Fla. 3d DCA 1989); see Armadora Naval Dominicana, S.A v. Garcia, 478 So. 2d 873 (Fla. 3d DCA 1985); cf. Hu v. Crockett, 426 So. 2d 1275 (Fla.…
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The Cont'l Ins. Co. v. Kinney Sys., Inc., 641 So. 2d 195 (Fla. 4th DCA 1994)…ach clearly accrued outside of Florida, Continental was, and arguably both corporations were, Florida “residents,” for forum non conveniens purposes, under this court’s binding precedent in National Aircraft Service, Inc. v. New York Airlines, Inc., 489 So. 2d 38 (Fla. 4th DCA 1986). In that case, we held that “foreign corporations licensed to do business in Florida, with a place of business in Florida cannot be prevented from pursuing a cause of action in Florida courts based upon the doctrine of forum non…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Houston v. Caldwell, 359 So. 2d 858 (Fla. 1978)
- Waite v. Summit Leasing & Cap. Int'l Corp., 441 So. 2d 185 (Fla. 4th DCA 1983)