GOLD MOON FOUNDATION
v.
PLAYA BLANCA CORPORATION
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A foreign forum is adequate for purposes of forum non conveniens dismissal when the parties will not be deprived of all remedies or treated unfairly, even though they may not enjoy the same benefits as they might receive in an American court.
[1] A foreign forum satisfies the adequacy requirement for forum non conveniens dismissal when the parties will not be deprived of all remedies or subjected to unfair treatme…
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Join FLexlaw to unlock all legal intelligence“A foreign forum is adequate when the parties will not be deprived of all remedies or treated unfairly, even though they may not enjoy the same benefits as they might receive in an American Court.”
The court cited Hilton Int'l Co. v. Carrillo to establish the standard for determining whether a foreign forum is adequate under forum non conveniens analysis.
Gold Moon Foundation appealed a non-final order from the Circuit Court for Miami-Dade County. The trial court dismissed the case based on forum non co…
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Opinion filed February 5, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0666 Lower Tribunal No. 22-7996
________________
Gold Moon Foundation,
Appellant,
vs.
Playa Blanca Corporation, et al.,
Appellees.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge. Fowler White Burnett, P.A., and Juan C. Zorrilla and Cameron W. Eubanks, for appellant. Rivero Mestre LLP, and Robert J. Kuntz, Jr., and Andres Rivero and Allison Henry, for appellee Hector Joseph Dager Gaspard; MPA Law, and Maria Paula Aguila and Monica Amador, for appellee Playa Blanca Corporation. Before LOGUE, C.J., and LOBREE and GOODEN, JJ. PER CURIAM.
Affirmed. See Fla. R. Civ. P. 1.061(a) (2024); Ryder Truck Rental, Inc.
v. Adams, 49 Fla. L. Weekly D1866, *2 (Fla. 3d DCA Sept. 11, 2024) (“We
review the [forum non conveniens] order for an abuse of discretion.”); Hilton
Int’l Co. v. Carrillo, 971 So. 2d 1001, 1005 (Fla. 3d DCA 2008) (“[A] foreign
forum is adequate when the parties will not be deprived of all remedies or
treated unfairly, even though they may not enjoy the same benefits as they
might receive in an American Court[.]” (quoting Ciba–Geigy Ltd. v. Fish
Peddler, Inc., 691 So. 2d 1111, 1115 (Fla. 4th DCA 1997))).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gold Moon Found. v. Playa Blanca Corp., 49 Fla. L. Weekly D1866 (Fla. 3d DCA 2025)
Authorities Cited
- Ciba-Geigy Ltd. v. The Fish Peddler, Inc., 691 So. 2d 1111 (Fla. 4th DCA 1997)
- Hilton Int'l Co. & Hilton Hotels Corp. v. August Carrillo, 971 So. 2d 1001 (Fla. 3d DCA 2008)
- Gold Moon Found. v. Playa Blanca Corp., 49 Fla. L. Weekly D1866 (Fla. 3d DCA 2025)