CITIGROUP INC. AND SAMUEL LIBNIC
v.
MARTIN DIAZ-ALVAREZ
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The trial court properly applied Florida's forum non conveniens standards under the Kinney factors in evaluating whether to dismiss the action.
[1] The defendant seeking dismissal on forum non conveniens grounds bears the burden of proof on each required element under the Kinney factors.
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Join FLexlaw to unlock all legal intelligence“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.
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…
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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
- Kinney Sys., Inc. v. The Cont'l Ins. Co., 674 So. 2d 86 (Fla. 1996)
- Shahla M. Rabie Cortez v. Palace Resorts, Inc., 123 So. 3d 1085 (Fla. 2013)
- Telemundo Network Grp., LLC v. Azteca Int'l Corp., 957 So. 2d 705 (Fla. 3d DCA 2007)