WESTCHESTER FIRE INSURANCE CO., APPELLANT,
v.
FIREMAN'S FUND INSURANCE CO., APPELLEE
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The court held that the trial judge was correct in transferring the case to Hillsborough County.
The case involves a dispute where the plaintiff chose a venue (Dade County) that had little connection to the actual events or parties involved. Witne…
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PER CURIAM.
This case falls on the heels of our recent decision on rehearing in Government Employees Ins. Co. v. Bums, 672 So. 2d 834 (Fla. 3d DCA 1996). On rehearing, we embraced the recent Supreme Court case of Kinney Sys., Inc. v. Continental Ins. Co., 674 So. 2d 86 (Fla.1996). For summary purposes, this Court now adopts both the literal and philosophical ethos of the Supreme Court wherein Florida should not be the forum for cases that, in reality, have no connection with Florida.
In this context, we extend the philosophical train of thought to its next and logical plane: Our district should not be a forum for cases that have little or no connection to Dade and Monroe counties. Therefore, it is the stated policy of our Court to literally apply the doctrine of forum non-conveniens where there is little else other than the plaintiffs choice of venue and where witnesses reside in other more suitable venues.
It is “in the interest of justice,” § 47.122, Fla.Stat. (1995), that a Dade County jury, which is both a scarce and precious resource, should not be burdened with determining a case that has no connection with Dade County. Accordingly, in the spirit of Kinney, we find that the trial judge was correct in transferring this case to Hillsborough County.
Affirmed.
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Brown & Williamson Tobacco Corp. v. Young, 690 So. 2d 1377 (Fla. 1st DCA 1997)…e more conveniently sought in a jurisdiction other than Florida. While one of our sister district courts of appeal has relied upon Kinney in the analysis of a venue question under section 47.122, Westchester Fire Ins. Co. v. Fireman’s Fund Ins. Co., 673 So. 2d 958 (Fla. 3d DCA 1996), we conclude that the analysis in Hu v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983), rather than Kinney, should be used under the statute. We thus align ourselves with the Second District Court of Appeal which has held that a Ki…
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E.I. DuPONT DE Nemours & Co. v. Fuzzell, 681 So. 2d 1195 (Fla. 2d DCA 1996)…and (4) The trial judge ensures that plaintiffs can reinstate their suit in the alternate forum without undue inconvenience or prejudice. Kinney, 674 So. 2d at 94. The Third District, in Westchester Fire Insurance Co. v. Fireman’s Fund Ins. Co., 673 So. 2d 958 (Fla. 3d DCA 1996), applied the doctrine of forum non conveniens within Florida to uphold a trial court’s decision to transfer a case from Dade County to Hills-borough County because the case had no connection to Dade County. The Third District stat…
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R.J. Reynolds Tobacco Co. v. Lesia Mooney, 147 So. 3d 42 (Fla. 3d DCA 2014)…ewing this case in total that it is not a Miami-Dade County case. All discernible connections are to Duval County, and the only connection to Miami-Dade County is Mooney’s attorney. In Westchester Fire Insurance Co. v. Fireman’s Fund Insurance Co., 673 So. 2d 958, 959 (Fla. 3d DCA 1996), this Court stated in no uncertain terms: Our district should not be a forum for cases that have little or no connection to Dade and Monroe counties. Therefore, it is the stated policy of our Court to literally apply the doc…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kinney Sys., Inc. v. The Cont'l Ins. Co., 674 So. 2d 86 (Fla. 1996)
- Gov't Emps. Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996)