NANCY MONA FAULKNER AND LEONARD JOHN METCALFE, AS ADMINISTRATORS OF THE ESTATE OF EDWARD BAZIL FAULKNER, DECEASED, NANCY MONA FAULKNER, INDIVIDUALLY AND AS PARENT, NEXT FRIEND AND GUARDIAN OF FRANK EDWARD FAULKNER, JOAN HELEN FAULKNER AND JOHN CHARLES FAULKNER, INFANTS; AND LIVIA VARKONYI, INDIVIDUALLY AND AS PARENT, NEXT FRIEND AND GUARDIAN OF LASZLO VARKONYI AND JUDITH VARKONYI, INFANTS, APPELLANTS,
v.
S. A. EMPRESA DE VIACO AIREA RIO GRANDENSE (VARIG), AND THE BOEING COMPANY, APPELLEES
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.
The Florida District Court of Appeal affirmed a trial court's dismissal of a tort action based on the doctrine of forum non conveniens. The court found no abuse of discretion in dismissing the case because the accident occurred in Peru, and the plaintiffs had no connection to the United States.
No, the trial judge did not abuse his discretion in dismissing the action on the grounds of forum non conveniens.
“The appellants, as plaintiffs in the trial court, seek review of an order of dismissal of their action sounding in tort upon the doctrine of forum non conveniens.”
This quote establishes the nature of the appeal and the basis for the trial court's dismissal.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiffs, as administrators of the estate of the deceased and as guardians for infant children, filed a tort action in Florida. The accident tha…
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.
Explore caselaw by topic → Browse Forum Non Conveniens cases and more on FLexlaw
The appellants, as plaintiffs in the trial court, seek review of an order of dismissal of their action sounding in tort upon the doctrine of forum non conveniens.1 We affirm.
The accident out of which the cause of action arose occurred in Lima, Peru. The plaintiffs-decedents were not residents of the United States; they had no contact with this country; they did not purchase their tickets here; their journeys were solely outside of the United States, and we find no abuse of discretion in the trial judge dismissing the action upon, the doctrine of forum non conveniens. Hagen v. Viney, 124 Fla. 747, 169 So. 391; Southern Railway Company v. McCubbins, Fla.App.1967, 196 So.2d 512; Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 67 S.Ct. 839, 91 L.Ed. 1055. Compare Hubbard v. Southern Railway Co., Cir.Ct. Dade Co.1959, 14 Fla.Supp. 10; Baker v. Atlantic Const. Line Railroad Co., Cir.Ct. Duval Co.1963, 21 Fla.Supp. 21.
Therefore, for the reasons above stated, the order here under review be and the same is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sempe v. Coordinated Caribbean Transp., Inc., 363 So. 2d 194 (Fla. 3d DCA 1978)…y to sue in the Republic of Honduras. All of the cases can be brought in the Republic of Hondu [*197] ras. Therefore, based upon the decision of Southern Railway Company v. McCubbins, Fla.App.1967, 196 So. 2d 512 and Faulkner v. Varig, Fla.App.1969, 222 So. 2d 805, these cases are dismissed based upon the doctrine of forum non conven-iens.” The able trial judge has set forth sound reasons why the trial of these cases should be held in Honduras.. However, his ruling is not in accord with a long line of Florid…
Authorities Cited
- Gulf OIL Corp. v. Gilbert, 330 U.S. 501 (U.S. 1947)
- Hagen v. Viney, 124 Fla. 747 (Fla. 1936)
- S. Ry. Co. v. McCUBBINS, 196 So. 2d 512 (Fla. 3d DCA 1967)
- Hubbard v. S. Ry. Co., 14 Fla. Supp. 10 (Dade Cty. Cir. Ct. 1959)
- Baker v. Atl. Coast Line R.R. Co., 21 Fla. Supp. 21 (Duval Cty. Cir. Ct. 1963)