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Florida Third DCA reverses trial court’s denial of defendants’ motion to dismiss on forum non conveniens grounds; remands for required analysis of Fla. R. Civ. P. 1.061)(a) factors

On February 20, 2019, in Vasallo Tome v. Herrera-Zenil, No. 3D18-1391, the Florida Third DCA reversed a trial court’s denial of the defendants’ motion to dismiss on forum non conveniens grounds.  The Third DCA concluded that the trial court had failed to conduct the necessary analysis of the factors set forth in Fla. R. Civ. P. 1.061(a), which codified the Florida Supreme Court’s holding in Kinney Systems, Inc. v. Continental Insurance Co., 674 So. 2d 86 (Fla. 1996).  The Third DCA remanded the case for a proper consideration of the factors, specifically noting that the trial court was not required to conduct an evidentiary hearing on the issue and could instead rely on the submission of affidavits, citing RollsRoyce, Inc. v. Garcia, 77 So. 3d 855, 859, n.4 (Fla. 3d DCA 2012).