Legal Opinion · Dissent

Rabie Cortez v. Palace Holdings, S.A. De C.V.

District Court of Appeal of Florida

Decided June 22, 2011No. 3D09-3468Published

1DissentRothenberg, J.

Simply put, the majority affirms the trial court’s order transferring a lawsuit filed by a United States citizen, who resides in California, against several Florida defendants on the basis of forum non conve-niens. Because the trial court and the majority failed to afford proper deference to the plaintiffs choice of forum, and the record reflects that the defendants failed to establish that Quintana Roo, Mexico, is an adequate forum under the facts and circumstances of this lawsuit, or that the private and public factors weigh in favor of litigating the plaintiffs causes of action in Mexico,…

2Cases cited22 opinions

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  2. Sinochem International Co. v. Malaysia International Shipping Corp.Supreme Court of the United States · 2007
  3. Kinney System, Inc. v. Continental Ins. Co.Supreme Court of Florida · 1996
  4. C.A. La Seguridad, as Subrogee v. Transytur Line, in Personam and M/v Nela Altomare, Her Engines, Boilers, Etc., in RemCourt of Appeals for the Eleventh Circuit · 1983
  5. SME Racks, Inc. v. Sistemas Mecanicos Para Electronica, S.A.Court of Appeals for the Eleventh Circuit · 2004

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API