BRITISH-AMERICAN INSURANCE COMPANY, LTD., A BAHAMIAN CORPORATION, APPELLANT,
v.
NICHOLAS CLADAKIS ET AL., APPELLEES
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British-American Insurance Company, a Bahamian corporation, appeals the dismissal of its conversion lawsuit against Nicholas Cladakis, an English national, on grounds of forum non conveniens and lack of subject matter jurisdiction. The Florida appellate court reversed, holding that Florida courts have subject matter jurisdiction where the bulk of allegedly converted funds are located in Florida and personal service was effected there.
The appellate court held that Florida courts have subject matter jurisdiction over the conversion action because the bulk of the appropriated funds are located in Florida under the defendants' control, and conversion is a transitory action that can be brought where the funds are located. The court also held that the defendants failed to meet their burden of showing an alternate convenient forum, so forum non conveniens did not justify dismissal.
[1] A Florida court has subject matter jurisdiction over a conversion action where the converted funds are located within the state, even if the cause of action accrued elsew…
[2] Conversion is a transitory action, meaning it can be brought in any jurisdiction where personal service can be obtained on the defendant.
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Join FLexlaw to unlock all legal intelligence“Conversion is a transitory action.”
Establishes that conversion claims can be brought in any jurisdiction where the defendant is properly served, not just where the tort occurred.
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Join FLexlaw to unlock all legal intelligenceBritish-American Insurance Company, Ltd., a Bahamian corporation not doing business in Florida, employed Nicholas Cladakis, an English national residi…
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BARKDULL, Chief Judge.
The plaintiff, British-American Insurance Company, Ltd., appeals from an order dismissing its lawsuit against Nicholas Cla-dakis on the grounds of forum non conven-iens and lack of subject matter jurisdiction.
Nicholas Cladakis, an English national resident in England, was sent to Cyprus as manager of British-American’s Eastern Mediterranean Division. British-American is a Bahamian corporation which does not do business in Florida.
On February 27, 1975, British-American received a letter from Cladakis’ Florida lawyer, informing it that its manager “has withdrawn approximately $100,000.00 from the company”. British-American responded by suing Cladakis in Florida for conversion of funds, and naming as additional defendants the Florida lawyers who are holding approximately $82,000.00 of the $100,000.00 appropriated by Cladakis. The defendants were personally served with process, and the money was garnished. Cladakis moved to dismiss, alleging improper venue.
The trial court noted the complex foreign connections of the case, including the fact that the cause of action accrued in Lebanon and Greece when the defendant removed the $100,000.00 from the plaintiff’s bank accounts there. The case was dismissed on grounds of forum non conveniens and lack of subject matter jurisdiction. The plaintiff appealed, arguing that this case should be litigated in Florida.
The appellant contends that the trial court did have subject matter jurisdiction over this suit between Bahamian and English aliens arising from conversion of funds in the Middle East; the money is here in Florida, and the defendant was personally served in Florida. The appellant also contends that the doctrine of forum non conveniens was misapplied. Florida is a convenient forum, because there was personal service of process here, the money involved is here, and the defendant failed to prove that the plaintiff has an alternate forum available. Greyhound Corporation v. Rosart, Fla.App.1960, 124 So. 2d 708; Goldstein v. Wometco Enterprises, Inc., Fla.App. 1962, 139 So. 2d 892. Conversion is a transitory action. Wilson Cypress Co. v. Logan, 115 Fla. 845, 156 So.
286. Plus, the action is one of a continuing nature. See: Lilly v. Bronson, 129 Fla. 675, 177 So.
218.
We agree.
The appropriation of the funds is alleged to be a conversion, as indicated, and this is a continuing tort as well as a transitory action. The bulk of the funds appropriated are here in Florida under the control of the defendants and, therefore, clearly the Florida courts have subject matter jurisdiction. Further, the defendants have failed to meet the burden of showing there is another convenient forum.
Therefore, the order here under review be and the same is hereby reversed, with directions to require the defendants to file defensive pleadings.
Reversed and remanded, with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Booker v. Booker, 636 So. 2d 796 (Fla. 1st DCA 1994)…ay be available, upon application for transfer or dismissal on grounds of forum non conveniens, it is the moving defendant who must “meet the burden of showing there is another convenient forum.” British-American Insurance Company, Ltd. v. Cladakis, 321 So. 2d 448, 449 (Fla. 3d DCA 1975). See also West Shore Glass Corporation v. Hack Industries, Inc., 522 So. 2d 1046 (Fla. 2d DCA 1988) (trial court cannot transfer venue where there is no sworn evidence- — neither affidavits nor testimony— upon which it could…
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Mendes v. Dowelanco Indus. Ltda., 651 So. 2d 776 (Fla. 3d DCA 1995)…es, including (1) whether the plaintiff has secured personal or quasi in rem jurisdiction over the defendants or the funds under the law of Florida, see Walz v. Von Schweiger, 575 So. 2d 788 (Fla. 3d DCA 1991); British-American Ins. Co. v. Cladakis, 321 So. 2d 448 (Fla. 3d DCA 1975); Consumers United Ins. Co. v. Syverson, 227 Mont. 188, 738 P. 2d 110 (1987); Deutsche Anlagen-Leasing GMBH v. Kuehl, 111 A.D.2d 69, 489 N.Y.S.2d 195 (1985); see also Griffin v. Zinn, 318 So. 2d 151 (Fla. 2d DCA 1975); (2) whether,…
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Houston v. Caldwell, 347 So. 2d 1041 (Fla. 4th DCA 1977)…DCA 1975), citing Adams v. Seaboard Coast Line Railroad Company, supra, with complete approval. See also Flota Mercante Gran Centroamericana v. Stena Shipping AB, 294 So. 2d 98 (Fla.3d DCA 1974), and British-American Insurance Co., Ltd. v. Cladakis, 321 So. 2d 448 (Fla.3d DCA 1975).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Greyhound Corp. v. Rosart, 124 So. 2d 708 (Fla. 3d DCA 1960)
- Lilly v. Bronson, 129 Fla. 675 (Fla. 1937)
- State ex rel. Page v. Hollingsworth, 115 Fla. 851 (Fla. 1934)
- Logan v. Wilson Cypress Co., 115 Fla. 845 (Fla. 1934)
- Goldstein v. Wometco Enters., Inc., 139 So. 2d 892 (Fla. 3d DCA 1962)