CITIGROUP INC. AND SAMUEL LIBNIC
v.
MARTIN DIAZ-ALVAREZ

Fla. 3d DCA | 2021-09-08
No. 21-0052
Alexander, Chambers, Fairhurst, Johnson, Madsen, Owens, Sanders, Stephens
Florida District Court of Appeal, Third District (2021)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The trial court properly applied Florida's forum non conveniens standards under the Kinney factors in evaluating whether to dismiss the action.


Headnotes

[1] The defendant seeking dismissal on forum non conveniens grounds bears the burden of proof on each required element under the Kinney factors.

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

Key Quotes

“dismissal would not be appropriate where the alternative forum does not permit litigation of the subject matter of the dispute”

The court cited the adequacy requirement under Kinney, holding that an alternative forum need not be equivalent to the chosen forum but must permit litigation of the subject matter.

Facts & Procedural History

Citigroup Inc. and Samuel Libnic appealed a non-final order from the Circuit Court for Miami-Dade County denying their motion based on forum non conve…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

PER CURIAM.

Affirmed. See Kinney Sys., Inc. v. Cont’l Ins. Co., 674 So. 2d 86, 90-93 (Fla. 1996) (adopting federal standard for forum non conveniens and setting forth “Kinney factors” for making such a determination); see also Cortez v. Palace Resorts, Inc., 123 So. 3d 1085, 1092 (Fla. 2013) (“With respect to adequacy, an alternative forum does not have to be equivalent to the chosen forum to be adequate, but we have recognized that ‘dismissal would not be appropriate where the alternative forum does not permit litigation of the subject matter of the dispute.’”) (quoting Kinney, 674 So. 2d at 90); Telemundo Network Grp., LLC v. Azteca Int’l Corp., 957 So. 2d 705, 709 (Fla. 3d DCA 2007) (noting defendant seeking dismissal bears burden of proof on each required element under Kinney).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw