ALI MAHINBAKHT
v.
KAZEM MAHINBAKHT
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A trial court abuses its discretion in denying a forum non conveniens motion when the order does not show consideration of the Kinney factors required by Florida Rule of Civil Procedure 1.061.
[1] A trial court abuses its discretion in denying a motion to dismiss for forum non conveniens when the order and record fail to demonstrate consideration of the factors est…
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Join FLexlaw to unlock all legal intelligenceAli Mahinbakht, a Florida resident, filed a motion to dismiss a lawsuit for forum non conveniens. The trial court denied the motion based solely on Ma…
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Appeal of a nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William W. Haury, Judge; L.T. Case No. CACE17-019608 (18).
Manuel Farach of McGlinchey Stafford, PLLC, Fort Lauderdale, for appellant.
Andrew M. Kassier of Andrew M. Kassier, P.A., Coral Gables, for appellee. PER CURIAM.
Ali Mahinbakht timely appeals that portion of an order that denied his motion to dismiss a lawsuit filed against him by appellee on the grounds of forum non conveniens.
From the record, it appears that the sole basis for the circuit court’s order was Ali Mahinbakht’s residency in Florida at the time of service. The court did not conduct the analysis required by Florida Rule of Civil Procedure 1.061 and Kinney System, Inc. v. Continental Insurance Co., 674 So. 2d 86 (Fla. 1996). A trial court abuses its discretion in denying a motion to dismiss for forum non conveniens when the order and record fail to show that the Kinney factors were considered. Sybac Solar AG, Co. v. Falz, 174 So. 3d 383, 385-86 (Fla. 2d DCA 2015).
We reverse and remand to the circuit court for the court to perform the Kinney analysis. See Celebration Cruise Line, LLC v. Dobrianskiy, 225 So. 3d 284, 285 (Fla. 4th DCA 2017); Wood v. Bluestone, 9 So. 3d 671,673-74 (Fla. 4th DCA 2009).
GROSS, TAYLOR and DAMOORGIAN, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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- Wood v. Bluestone, 9 So. 3d 671 (Fla. 4th DCA 2009)
- Sybac Solar AG v. Falz, 174 So. 3d 383 (Fla. 2d DCA 2015)