MATHIEU LACAILE, ET AL.,
v.
PATRICK LESUR, ET AL.,
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An alternative forum need not be equivalent to the chosen forum to be adequate; Michigan is an adequate alternative forum capable of interpreting and applying Florida law regarding LLC member expulsion.
[1] An alternative forum is adequate for purposes of forum non conveniens analysis if it permits litigation of the subject matter of the dispute, regardless of whether it pro…
Previewing 1 of 1 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“[A]n alternative forum does not have to be equivalent to the chosen forum to be adequate.”
Court citing Cortez v. Palace Resorts, Inc., 123 So. 3d 1085, 1092 (Fla. 2013), establishing the standard for adequacy of alternative forums in forum non conveniens analysis.
Appellants Mathieu Lacaile and others sought to dismiss an action against Patrick Lesur and others for forum non conveniens, arguing that Michigan was…
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Third District Court of Appeal State of Florida
Opinion filed May 19, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-1248 Lower Tribunal No. 20-8809 ________________
Mathieu Lacaile, et al., Appellants,
vs.
Patrick Lesur, et al., Appellees.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge.
Entin Law Group, P.A., and Joshua M. Entin (Fort Lauderdale); Clark Hill PLC, and K.J. Edward Fornell (Detroit, MI), for appellants.
Paul A. McKenna & Associates, P.A., and Andrew H. Braaksma, for appellees.
Before LOGUE, HENDON, and MILLER, JJ.
LOGUE, J.
We affirm without extended discussion the trial court’s order denying the appellants’ motion to dismiss for forum non conveniens. The trial court’s
“[A]n alternative forum does not have to be equivalent to the chosen forum to be adequate.” Cortez v. Palace Resorts, Inc., 123 So. 3d 1085, 1092 (Fla. 2013). Instead, dismissal is inappropriate “where the alternative forum does not permit litigation of the subject matter of the dispute.” Kinney Sys., Inc. v. Cont’l Ins. Co., 674 So. 2d 86, 90 (Fla. 1996). While Michigan does not have a specific equivalent statute for judicial expulsion of a member from a limited liability company, there is nothing in section 605.0602, Florida Statutes, that would prevent another jurisdiction from enforcing its provisions. We have no doubt that our respected counterparts in Michigan are equally capable of interpreting and applying Florida law. See, e.g., Zantop Int’l Airlines, Inc. v. Eastern Airlines, 503 N.W. 2d 915, 919–22 (Mich. Ct. App. 1993) (applying Florida indemnification law); Klingman Furniture Co. v. Leslie E. Tassell Tr., No. 282727, 2009 WL 350871 (Mich. Ct. App. 2009) (applying Florida statute in case involving Florida estate).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kinney Sys., Inc. v. The Cont'l Ins. Co., 674 So. 2d 86 (Fla. 1996)
- Shahla M. Rabie Cortez v. Palace Resorts, Inc., 123 So. 3d 1085 (Fla. 2013)