LEONOR SARMIENTO CAMPEROS, APPELLANT,
v.
TOMAS ANDRES VAZQUEZ ESTRELLA, APPELLEE
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A trial court's order denying a motion to dismiss for forum non conveniens is reversible if it lacks meaningful analysis of the required factors or if the hearing transcript does not reflect such analysis.
The appellant appealed a non-final order denying her motion to dismiss a lawsuit on grounds of forum non conveniens. The trial court's order lacked me…
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Leonor Sarmiento Camperos (Sarmien-to) appeals a non-final order denying her motion to dismiss a circuit court lawsuit against her on grounds of forum non con-veniens. We reverse and remand the case so that the trial court1 may articulate its findings on each of the “Kinney factors”2 determinative of such motions.
A trial court’s order denying a motion to dismiss on grounds of forum non conveniens is subject to reversal and remand as insufficient where, as here, there is neither (1) “meaningful analysis” in the order, nor (2) a transcript reflecting “an adequate analysis of the Kinney factors during the hearing itself....” ABA Capital Mkts. Corp. v. Provincial De Reaseguros C.A., 101 So.3d 385, 388 (Fla. 3d DCA 2012) (citation omitted).
We find no merit in the argument by the plaintiff/appellee that this Court’s sum*352mary opinion in the separate appeal3 brought by a co-defendant in the underlying circuit court action (also denying a motion to dismiss for forum non conve-niens) binds the trial court or this Court regarding Sarmiento’s motion. We authorize, but do not direct, the trial court to allow supplemental briefing (including an evidentiary hearing, if considered appropriate by the trial court) regarding the widely-publicized developments in Venezuela during the pendency of this appeal. We express no opinion regarding those developments or the trial court’s discretion to consider them.
Reversed and remanded for further proceedings consistent with this opinion.
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THE Sports Channel Ltd. v. Eliezer Tabib, 323 So. 3d 336 (Fla. 3d DCA 2021)…h any ‘meaningful analysis’ addressing each of the Kinney factors, the hearing transcript . . . must reflect that the trial court engaged in ‘an adequate analysis of the Kinney factors during the hearing itself’”) (quoting Camperos v. Estrella, 126 So. 3d 351, 351 (Fla. 3d DCA 2013)). Although our Florida Supreme Court has made it clear that, in a case involving a U.S. resident-plaintiff and a foreign defendant, the defendant’s burden to overcome the presumption of the plaintiff’s U.S. choice of f…
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Vasallo Tome v. Herrera-Zenil, 273 So. 3d 140 (Fla. 3d DCA 2019)
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Previewing 3 of 7 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)
- ABA Cap. Mkts. Corp. v. Provincial de Reaseguros C.A., 101 So. 3d 385 (Fla. 3d DCA 2012)
- De La Rosa v. Estrella, 109 So. 3d 868 (Fla. 3d DCA 2013)