RIKAMOR, LTD., AND IBK INTERNATIONAL, INC., APPELLANTS,
v.
REUVEN ODED, APPELLEE
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Rikamor and IBK International appealed a dismissal of their Florida declaratory judgment action on forum non conveniens grounds. The court reversed, finding that the trial court failed to apply the required legal factors and make necessary factual findings, and remanded for a proper evidentiary hearing.
The dismissal was reversed because the trial court failed to apply the factors required by Kinney System, Inc. v. Continental Ins. Co. and failed to make written factual findings to support the dismissal. The case was remanded for a proper evidentiary hearing where the court must consider both the motion to dismiss on forum non conveniens grounds and the alternative motion to stay pending the Israeli litigation.
[1] A trial court's order dismissing an action on forum non conveniens grounds must be reversed when it lacks factual findings or conclusions required by Kinney System, Inc. …
[2] A trial court's order dismissing an action on forum non conveniens grounds must be reversed when the record indicates a dispute as to whether the court properly considere…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In view of the dispute as to whether the court properly considered the factors required by Kinney System, Inc. v. Continental Ins. Co., 674 So.2d 86 (Fla.1996), and the lack of written findings in the order, see Kelly v. Sun & Sea Estates, Ltd., 681 So.2d 922 (Fla. 3d DCA 1996), we must reverse the order under review.”
Establishes the basis for reversal: failure to apply required legal factors and lack of written findings.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiffs filed a declaratory judgment action in Dade County seeking to determine that Reuven Oded was not owed commissions for allegedly securing Bu…
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SHEVIN, Judge.
Rikamor, Ltd., and IBK International, Inc. [collectively “plaintiffs”], appeal a dismissal on forum non conveniens grounds. We reverse.
Plaintiffs filed a declaratory judgment action in Dade County seeking a-determination that Reuven Oded was not owed any commissions for his alleged efforts to secure for plaintiffs the franchise rights to new Burger King restaurants in Israel. Shortly after plaintiffs’ Dade County action was filed, Oded filed an action in Israel seeking to recover commissions allegedly owed for his procurement of the same franchise rights. Process was served in Oded’s Israeli lawsuit prior to service in plaintiffs’ Dade County action. However, the parties disputed whether Oded was avoiding service on plaintiffs’ Dade County action.
Oded filed a motion to dismiss the Dade County action based on the doctrine of forum non conveniens, or, alternatively, to stay the action pending the outcome of the case in Israel. After hearing argument on the motion, the trial judge determined that she wanted to review the case further and continued the hearing. However, when the hearing date arrived, the judge was in trial and a substitute judge, who conceded a total lack of familiarity with the case, heard the motion. The substitute judge granted Oded’s motion to dismiss on forum non conveniens grounds; the order, however, is totally devoid of factual findings or conclusions.
In view of the dispute as to whether the court properly considered the factors required by Kinney System, Inc. v. Continental Ins. Co., 674 So. 2d 86 (Fla.1996), and the lack of written findings in the order, see Kelly v. Sun & Sea Estates, Ltd., 681 So. 2d 922 (Fla. 3d DCA 1996), we must reverse the order under review. Because the hearings before the original judge and the substitute judge were truncated, the court, on remand, shall hold an evidentiary hearing on Oded’s motion to dismiss or to stay the proceedings. In view of the dispute surrounding Oded’s alleged avoidance of service, the court shall consider the propriety of the motion for stay, see Mendes v. Dowelanco Indus. LTDA., 651 So. 2d 776 (Fla. 3d DCA 1995), as well as the propriety of the motion to dismiss on forum non conveniens grounds, and if dismissal is appropriate, the trial court shall make all necessary findings pursuant to Kinney.
Reversed and remanded with instructions.
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Carenza v. SUN Int'l Hotels, Ltd., 699 So. 2d 830 (Fla. 4th DCA 1997)…efendants’ failure to provide any sworn pleadings or affidavits in support of their motion. With such a dearth of evidence, we are unable to determine whether the trial judge’s conclusion was correct under the Kinney test. See Rikamor, Ltd. v. Oded, 690 So. 2d 697 (Fla. 3d DCA 1997). Because of the dispute between the parties as to whether the court properly considered all of the factors of Kinney in reaching its conclusion, and the lack of written findings in the trial court’s order, we must reverse the [*8…
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Elena Laura Pessino Gomez Del Campo Bacardi v. Elena Gomez Del Campo Bacardi De Lindzon, 728 So. 2d 309 (Fla. 3d DCA 1999)…contention that the trial court abused its discretion in failing to frame the issues in dispute, to assess the materiality or importance of witnesses and facts to the case, or to demonstrate such analysis in its order. Unlike Rikamor, Ltd. v. Oded, 690 So. 2d 697 (Fla. 3d DCA 1997), Kelly v. Sun & Sea Estates, Ltd., Inc., 681 So. 2d 922 (Fla. 3d DCA 1996), Carenza v. Sun Int’l Hotels, Ltd., 699 So. 2d 830 (Fla. 4th DCA 1997), and Booker v. Booker, 636 So. 2d 796 (Fla. 1st DCA 1994), the record contains evide…
Authorities Cited
- Kinney Sys., Inc. v. The Cont'l Ins. Co., 674 So. 2d 86 (Fla. 1996)
- Mendes v. Dowelanco Indus. Ltda., 651 So. 2d 776 (Fla. 3d DCA 1995)
- Kelly v. SUN & SEA Ests., Ltd., Inc., 681 So. 2d 922 (Fla. 3d DCA 1996)