Florida Supreme Court Modifies State Forum Non Conveniens Doctrine As To The Level Of Deference Owed To An Out-Of-State Plaintiff’s Choice Of Forum

by Carlton Fields
Contact

On June 20, 2013, the Florida Supreme Court issued its decision in Cortez v. Palace Resorts, Inc., Case No. SC11-1908, addressing Florida’s forum non conveniens doctrine (a version of the federal standard).  The case involved a “negligent vacation packaging” lawsuit by a California plaintiff against several Florida-based entities involved with the management and promotion of a Mexican resort and Mexican timeshares.  The trial court and intermediate appellate court dismissed the lawsuit in favor of its reinstatement in an appropriate Mexican court because the lawsuit arose from an assault occurring at the Mexican resort and, unlike a Florida plaintiff, the out-of-state California plaintiff’s choice of a Florida forum was not owed great deference.

The Florida Supreme Court reversed.  In the process, it made at least two significant clarifications of Florida’s forum non conveniens doctrine.  First, all U.S. plaintiffs – not just Florida residents – are owed substantial deference in their forum choice when they sue in a Florida court, and to overcome that presumption, the defendant will have to show “evidence of unusually extreme circumstances” sufficient to “thoroughly convince[] [the Florida court] that material injustice” will take place if the case is litigated in Florida.  Second, in all forum non conveniens inquiries, the court must consider not just private interest factors affecting the relative convenience of the parties, but also the public interest factors regarding the competing forums’ interests in the action.

The decision is noteworthy in another regard.  The Florida Supreme Court allowed the lawsuit to proceed against parent and affiliate entities based in Florida that handled logistical and promotional activities for the Mexican resort despite the fact that those entities did not appear to directly own and operate the subject Mexican resort where the plaintiff suffered the alleged assault.  The plaintiff had voluntarily dismissed the Mexican entities, which therefore were not involved in the case by the time it reached the appellate courts.  For such Florida and U.S.-based entities that handle booking and other logistics for international resorts there is a well-established mechanism to potentially avoid the result that occurred in this case – a mandatory, international forum-selection clause selecting a rationally related forum preferred by the resort (e.g., the jurisdiction in which the resort is located or the jurisdiction in which the resort company has its principal place of business).  Such clauses have been enforced in similar circumstances when included in initial guest booking materials, provided to the guest before check-in through mail or e-mail, and then included in the guest’s check-in materials upon arrival.  See, e.g., Krenkel v. Kerzner Int’l Hotels, Ltd., 579 F.3d 1279 (11th Cir. 2009) (affirming enforcement of such a clause against U.S. guests who sued a Bahamas resort with logistics and support operations in Florida – clause selected an appropriate Bahamian court to resolve “any claims” against the U.S. and Bahamian resort-related entities “resulting from any events occurring in the Bahamas”).  Florida has adopted the federal Bremen standard, which favors the enforcement of such clauses.  See Manrique v. Fabri, 493 So. 2d 437, 440 (Fla. 1986).

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Carlton Fields | Attorney Advertising

Written by:

Carlton Fields
Contact
more
less

Carlton Fields on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.