MITSUBISHI ELECTRIC SALES AMERICA, INC., A FOREIGN CORPORATION, APPELLANT,
v.
REFRIAIRE INTERNATIONAL CORP., N.V. AND DELIO A. GONZALEZ-RIBA, INDIVIDUALLY, APPELLEES
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Florida appellate court affirmed dismissal under forum non conveniens doctrine where both parties were nonresidents and the cause of action accrued outside Florida, but reversed the entry of final judgment for defendants since the dismissal was without prejudice.
A trial court does not abuse its discretion in dismissing an action without prejudice under the forum non conveniens doctrine when both parties are nonresidents of Florida and the cause of action accrued outside Florida.
[1] A trial court does not abuse its discretion in applying the forum non conveniens doctrine to dismiss an action without prejudice when both parties are nonresidents of the…
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Join FLexlaw to unlock all legal intelligenceMitsubishi Electric Sales America, Inc., a foreign corporation, sued nonresident defendants Refriaire International Corp., N.V. and Delio A. Gonzalez-…
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PER CURIAM.
This is an appeal by the plaintiff Mitsubishi Electric Sales America, Inc. from (1) a trial court order dismissing its action below without prejudice to pursue its pending claim in the courts of the Dominican Republic, and (2) a final judgment entered in favor of the defendants herein.
We affirm the first order appealed from upon a holding that the trial court did not clearly abuse its discretion in dismissing, without prejudice, the instant action based on the doctrine of forum non conveniens. Contrary to the plaintiff’s contentions, the sworn proof before the trial court indicates that the defendants are nonresidents of Florida; moreover, it is plain from the complaint and record that the plaintiff is also a nonresident of Florida and that the action sued upon accrued outside of Florida. These and all other relevant factors fully support the application of the doctrine of forum non conveniens to this case. Seaboard Coast Line R.R. v. Swain, 362 So. 2d 17 (Fla.1978); Houston v. Caldwell, 359 So. 2d 858 (Fla.1978); Armadora Naval Dominicana, S.A. v. Garcia, 478 So. 2d 873 (Fla. 3d DCA 1985); Ganem v. De Issa, 225 So. 2d 564 (Fla. 3d DCA 1969); Southern Ry. v. McCubbins, 196 So. 2d 512 (Fla. 3d DCA 1967).
Upon the defendants’ confession of error, however, we reverse the second order appealed from upon a holding that the plaintiff should be permitted, as stated in the first order, to pursue its claim in the courts of the Dominican Republic and that, accordingly, a final judgment for the defendants was improperly entered below.
AFFIRMED IN PART; REVERSED IN PART.
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Citator
Cited By
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Envases Venezolanos, S.A. v. Collazo, 559 So. 2d 651 (Fla. 3d DCA 1990)…be dismissed if it more appropriately should be maintained elsewhere, applies only when all of the parties are citizens of, and the cause of action accrued in another jurisdiction. See Mitsubishi Elec. Sales Am., Inc. v. Refriaire Int’l Corp., N.V., 538 So. 2d 982 (Fla. 3d DCA 1989); see also Seaboard Coast Line R.R. v. Swain, 362 So. 2d 17 (Fla.1978); Armadora Naval Dominicana, S.A. v. Garcia, 478 So. 2d 873 (Fla. 3d DCA 1985). In this case, it is undisputed that the plaintiffs-appellants and the party-defen…
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Nat'l Rifle Ass'n OF Am. v. Linotype Co., 591 So. 2d 1021 (Fla. 3d DCA 1991)…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. 1st DCA 1983).…
Authorities Cited
- Houston v. Caldwell, 359 So. 2d 858 (Fla. 1978)
- S. Ry. Co. v. McCUBBINS, 196 So. 2d 512 (Fla. 3d DCA 1967)
- Seaboard Coast Line R.R. Co. v. Myrtice Mae Swain, 362 So. 2d 17 (Fla. 1978)
- Armadora Naval Dominicana, S.A. v. Garcia, 478 So. 2d 873 (Fla. 3d DCA 1985)
- Ganem v. Herlinda Ganem de Issa, 225 So. 2d 564 (Fla. 3d DCA 1969)