TORTS: DEFAMATION: INTERFERENCE; CIVIL PROCEDURE: VENUE: FORUM NON CONVENIENS: ORDER DENYING MOTION TO DISMISS REVERSED BECAUSE IT FAILED TO SHOW THAT TRIAL COURT ADEQUATELY ADDRESSED KINNEY FACTORS: REMAND FOR ADEQUATE FINDINGS AND CONCLUSIONS UNDER KINNEY

Sybac Solar AG, Co. v. Falz, ___ So. 3d ___, 40 Fla. L. Weekly D655 (Fla. 2d DCA March 13, 2015)

The plaintiff alleged that the defendant, a German corporation, defamed the plaintiff in Germany and interfered with the plaintiff’s relationship with his employer. The trial court’s order denying the defendant’s motion to dismiss based on forum non conveniens merely … Click To Read Full Case Law Review...

TORTS: PREMISES LIABILITY: NEGLIGENCE, ARBITRATION: AGREEMENT TO ARBITRATE CLAIMS ARISING OUT OF EMPLOYMENT DID NOT EXTEND TO CLAIM ARISING OUT OF SEXUAL ASSAULT WHILE ASLEEP IN EMPLOYER PROVIDED DORMITORY ROOM, CIVIL PROCEDURE: VENUE: FORUM NON CONVENENS, FORUM SELECTION CLAUSE IN ARBITRATION AGREEMENT DID NOT WAIVE FORUM NON CONVENIENS CHALLENGE

Club Mediterranee, S.A. v. Fitzpatrick, ___ So. 3d ___, 40 Fla. L. Weekly D500 (Fla. 3d DCA February 25, 2015)

The plaintiff, who was employed by Club Med as a costume designer, was sexually assaulted while asleep in her employer provided dormitory room in the Bahamas. When the plaintiff brought an action for premises liability and negligence in Florida, Club … Click To Read Full Case Law Review...

CIVIL PROCEDURE: VENUE: DUE PROCESS: NOTICE: TRIAL COURT ERRED BY SUA SPONTE AND WITHOUT NOTICE TRANSFERRING TO LEON COUNTY INMATES’ ACTION AGAINST GOVERNOR

Kunselman v. Offices of Governor, ___ So. 3d ___, 40 Fla. L. Weekly D493 (Fla. 1st DCA February 23, 2015)

The appellate court reversed an order sua sponte transferring to Leon County an action by prison inmates against the Governor because the order was entered without providing the inmates with “notice and an opportunity to respond.”

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CIVIL PROCEDURE: VENUE: FORUM NON CONVENIENS: TRIAL COURT ERRED BY FAILING TO CONSIDER THE DOCTRINE OF FORUM NON CONVENIENS OR PERFORMING A FLAWED ANALYSIS OF THE DOCTRINE

ILD Corp. v. New Link Network, LLC, ___ So. 3d ___, 40 Fla. L. Weekly D424 (Fla. 2d DCA February 13, 2015)

The defendant moved to transfer venue from Pinellas County to St. Johns Count based upon Section 47.122, Florida Statutes, which adopts the doctrine of forum non conveniens. The trial court denied the motion based upon the premise that … Click To Read Full Case Law Review...

CIVIL PROCEDURE: VENUE: FORUM NON CONVENIENS: SECTION 47.122, FLORIDA STATUTES: TRIAL COURT ERRED BY FAILING TO CONSIDER SECTION 47.122 FACTORS IN RULING ON MOTION TO TRANSFER: TRANSFER WOULD NOT BE INCONVENIENT TO PLAINTIFF BECAUSE HE RESIDED IN TRANSFEREE COUNTY: TRANSFER WOULD PROMOTE CONVENIENCE OF WITNESSES BECAUSE MAJORITY WERE LOCATED IN TRANSFEREE COUNTY: TRANSFER WOULD PROMOTE INTERESTS OF JUSTICE BECAUSE THREE RELATED ACTIONS WERE PENDING IN TRANSFEREE COUNTY

Universal Property & Casualty Insurance Company v. Long, ___ So. 3d ___, 40 Fla. L. Weekly D324 (Fla. 2d DCA January 30, 2015)

The plaintiff sued two termite protection companies in Hillsborough County, but both cases were transferred to Brevard County. When his house collapsed as a result of termite damage, the plaintiff’s homeowner’s insurance company denied coverage, and the … Click To Read Full Case Law Review...