CHOOSING THE RIGHT COURT: can we move to a more convenient venue? A look at two recent Florida cases on forum non conveniens

Uncategorized • Jan 4, 2014

Two recent cases out of Miami look at the defendant’s legal ability, in Florida, to ask a Florida court to transport, or dismiss, a Florida lawsuit to another state which is more convenient. The legal doctrine of forum non conveniens may be invoked by a party under certain circumstances.

Does this even matter? It is important for people involved in Florida lawsuits to understand that motions to dismiss, and the choice of a court room to handle a trial, based upon issues discussed in this commentary, are actually trials before the trial — which require limited discovery, witnesses, documents, and evidence . A motion to dismiss for lack of personal jurisdiction or a motion to dismiss based upon forum non conveniens can be important for strategic reasons, legal, and financial reasons.

FLORIDA JURISDICTION

First of all, for a Florida court to hear a lawsuit, it must have personal jurisdiction over the defendant, and it must have subject matter jurisdiction over the matter to be tried in the court.

In the probate setting, or regarding Florida estates and trusts, courts have the inherent ability to bind beneficiaries and other persons who want to participate in a Florida estate administration — those who have an interest in Florida real property, or have an interest in Florida estate property. In short, if you want to have a say in a dead Florida resident’s estate or property, and the probate is going on in Florida, you’re going to have to, generally, subject yourself to the personal jurisdiction of the Florida court. Same thing holds true for trust beneficiaries of Florida trusts whose principal place of administration is in Florida. For Florida trusts, there are specific subject matter jurisdiction and venue statutes in the Florida trust code, which affect Florida trust beneficiaries and trustees.

Why is this important to Florida trustees and Florida personal representatives of Florida estates? What if you have to sue an out-of-state person to recover money or damages to the Florida estate or trust? You will want to know if the Florida probate court can hear the case , or if you have to file an out-of-state lawsuit

NEW FLORIDA TRUST STATUTE: PERSONAL JURISDICTION

There is a brand-new Florida trust statute, under the Florida trust code regarding personal jurisdiction. Does a Florida trust court, a probate court, have the legal ability to bind individuals? In other words, does a Florida probate court have personal jurisdiction over a party? Can a Florida probate court force you to come into its courtroom and participate in a lawsuit? New Florida Trust Code Statute Section 736.0202 sets forth when a Florida court has jurisdiction over trust beneficiaries, trustees, former trustees, and third parties, such as those who may provide services to a Florida trustee or a Florida trust.

CONVENIENT FORUM

What if you sue someone from out of state? They may argue that the Florida court lacks personal jurisdiction over the defendant, or that, an other state may be more convenient. Can you really have a Florida lawsuit dismissed based upon “convenience?”

3^RD DISTRICT COURT OF APPEALS : RECENT CASES

Recently, there were two cases out of the third District Court of Appeal for Florida dealing with the convenient forum or court doctrine. These two cases stand for import Florida legal principles, including:

personal jurisdiction and subject matter jurisdiction are distinct, and different, Florida legal concepts from a “convenient forum”
a Florida court finding that someone is subject to personal jurisdiction is not a substitute for a more convenient forum. In other words, a Florida court may have personal jurisdiction over a defendant, but may still consider transferring the case to another court which is more convenient.
personal jurisdiction is a Constitutional issue. Is it proper, reasonably foreseeable, that a Florida court would exercise jurisdiction over you?
deciding personal jurisdiction comes before the issue of a convenient forum.
the convenient forum argument or doctrine is one of fairness — equity
to determine whether a more convenient forum exists, a Florida trial court must apply the factors enunciated by the Florida Supreme Court in the Kinney case — see also Florida Rule of Civil Procedure 1.061
while a person who files a lawsuit in a Florida court has the general choice of picking his or her forum, this presumption is inapplicable to plaintiffs from another country.

For Attorneys and Litigators

If you would like a copy of this opinion, or information about this legal topic, please email Michelle@pankauskilawfirm.com. You may wish to consult the following legal authority: Sazonov v. Karpova, 38 Fla. L. Weekly D 2378 (Fla. 3^rd DCA, November 13, 2013); Armas v. Banco Nacional de Credito, C.A., 38 Fla. L. Weekly D2509 (Fla. 3^rd DCA, November 27, 2013); Kinney System, Inc. v. Continental Ins. Co., 674 So.2d 86 (Fla. 1996), rehear. den. May 16, 1996; Fla. R. Civ. Proc. 1.061.