MARLON VALDIVIA, APPELLANT,
v.
PRESTIGE CRUISES, N.V. AND CSCS INTERNATIONAL, N.V., APPELLEES
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The court affirmed the trial court's dismissal of a seaman's personal injury suit on forum non conveniens grounds, holding that the Kinney factors apply to maritime cases filed in state court and that trial courts may raise forum non conveniens sua sponte without regard to the sixty-day time limitation.
The trial court properly dismissed a seaman's personal injury suit on forum non conveniens grounds using the Kinney analysis, and trial courts may raise forum non conveniens sua sponte at any time regardless of the sixty-day time limit in rule 1.061(g).
[1] In a maritime personal injury action filed in state court, dismissal on forum non conveniens grounds is analyzed under the Kinney factors rather than federal choice of la…
[2] A trial court's inherent power to raise forum non conveniens sua sponte is not limited by the sixty-day time restriction imposed by rule 1.061(g) on parties' motions to d…
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PER CURIAM.
We affirm the trial court’s dismissal of this seaman’s personal injury suit on forum non conveniens grounds. In dismissing this case, the trial court properly applied the analysis required by Kinney System, Inc. v. Continental Insurance Co., 674 So. 2d 86 (Fla.1996), and rule 1.061(a) of the Florida Rules of Civil Procedure. The Kinney factors provide the proper analysis for maritime cases filed in state court. See Tananta v. Cruise Ships Catering & Svcs. Int’l, — So. 2d - , 2004 WL 2955023, 30 Fla. L. Weekly D18 (Fla. 3d DCA Dec.22, 2004) (clarifying that where dismissal of a Jones Act action filed in state court is sought on the grounds of forum non conveniens, Kinney standards apply, rather than a federal choice of law venue analysis).
Further, the time limitation in rule 1.061(g) does not affect the trial court’s ability to raise the forum non conveniens issue sua sponte at any time. See Verysell-Holding LLC v. Tsukanov, 866 So. 2d 114 (Fla. 3rd DCA), rev. denied, 874 So. 2d 1194 (2004) (holding that the sixty-day time limit imposed by rule of civil procedure governing service of a party’s motion to dismiss based on forum non conveniens does not apply to a trial court’s inherent power to raise the issue of forum non conveniens sua sponte.).
Affirmed.
STEVENSON, TAYLOR and MAY, JJ., concur.
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Gerri Lynn Fihe v. Rexall Sundown, Inc., 966 So. 2d 415 (Fla. 4th DCA 2007)…the Jamieson case. Affirmed in part, reversed in part. SHAHOOD, C.J., and GROSS, J„ concur. . See Kinney Sys., Inc. v. Cont’l Ins. Co., 674 So. 2d 86 (Fla.1996). . We note that we followed Verysell-Holding in Valdivia v. Prestige Cruises, N.V., 898 So. 2d 271, 272 (Fla. 4th DCA), review denied, 917 So. 2d 196 (Fla.2005). However, the facts are not fully set out in Valdivia. Because there is no mention of an untimely motion or suggestion by the defendant in Valdivia, the trial court there may indeed have…
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Vasquez v. YII Shipping Co., Ltd., 692 F.3d 1192 (11th Cir. 2012)…s Act on the principle adopted in [Rhoditis], the trial court correctly concluded that forum non conveniens is applicable to such an action in the Florida state courts ....”) (internal citations omitted); see also Valdivia v. Prestige Cruises, N.V., 898 So. 2d 271, 272 (Fla.Ct.App.2005) (affirming dismissal based on forum non conveniens without consideration of federal maritime choice-of-law standards); Tananta v. Cruise Ships Catering & Servs. Int'l, N.V., 909 So. 2d 874, 881-84 (Fla.Ct.App.2004) (en banc) (…
Authorities Cited
- Kinney Sys., Inc. v. The Cont'l Ins. Co., 674 So. 2d 86 (Fla. 1996)
- Salomon v. State, 866 So. 2d 114 (Fla. 3d DCA 2004)