Bacardi v. Lindzon

845 So. 2d 33, 2002 WL 32101925
CourtSupreme Court of Florida
DecidedFebruary 7, 2002
DocketSC95348
StatusPublished
Cited by12 cases

This text of 845 So. 2d 33 (Bacardi v. Lindzon) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bacardi v. Lindzon, 845 So. 2d 33, 2002 WL 32101925 (Fla. 2002).

Opinion

845 So.2d 33 (2002)

Elena Laura Pessino Gomez Del Campo BACARDI, Petitioner,
v.
Elena Gomez del Campo Bacardi de LINDZON, et al., Respondents.

No. SC95348.

Supreme Court of Florida.

February 7, 2002.
Rehearing Denied September 20, 2002.

Hector Formoso-Murias of Formoso-Murias, P.A., Miami, FL, for Petitioner.

Elizabeth J. du Fresne, Daniel E. Gonzalez, and Edwin G. Tores of Steel, Hector & Davis, Stuart J. McGregor and Clinton Losego of Gunster, Yoakley, Valdes Fauli & Stewart, and Richard H. Critchlow and Laren C. Ravkind of Kenny, Nachwalter, Seymour, Arnold, Critchlow & Spector, Miami, FL, for Respondents.

Kelley B. Gelb of Krupnick, Campbell, Malone, Roselli, Buser, Slama, et al., Fort Lauderdale, FL, for The Academy of Florida Trial Lawyers, Amicus Curiae.

QUINCE, J.

We have for review a decision on the following question certified to be of great public importance:

DOES THE TRIAL COURT ABUSE ITS DISCRETION IF IT DISMISSES AN ACTION ON FORUM NON CONVENIENS GROUNDS UNDER KINNEY *34 SYS., INC. v. CONTINENTAL INS. CO., 674 So.2d 86 (Fla.1996), WHEN DISMISSAL REQUIRES THE PLAINTIFF TO REFILE THE CLAIMS IN MORE THAN ONE ALTERNATIVE JURISDICTION?

Bacardi v. Lindzon, 728 So.2d 309, 313 (Fla. 3d DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the following reasons, we answer this question in the negative.

FACTUAL AND PROCEDURAL BACKGROUND

The facts of this case were previously summarized by the Third District Court of Appeal in Bacardi v. Lindzon, 728 So.2d 309 (Fla. 3d DCA 1999), as follows:

Maria Bacardi, Plaintiff's grandmother, established the Cotorro Trust in favor of Elena Gomez Del Campo Bacardi de Lindzon, her daughter; and the Corniche Trust in favor of Luis Bacardi, her son. Plaintiff is a beneficiary of the Cotorro Trust and a contingent beneficiary of the Corniche Trust. The Cotorro Trust was established under the laws of the Cayman Islands, to be principally administered in, and governed by, that jurisdiction's laws. The Corniche Trust was established under, to be principally administered in, and governed by, the laws of Liechtenstein. Plaintiff was involved in legal actions concerning both trusts in their respective jurisdictions. Subsequently, she withdrew from the matters pending in both jurisdictions.
In 1996, Plaintiff, a resident of Spain, filed a multi-count complaint in Dade County against Elena Lindzon, her mother; Jerry Lindzon, her mother's husband; Mariana Pessino Gomez Del Campo Bacardi, her sister; and attorneys Joseph A. Field and Alfred P. O'Hara. Elena Lindzon is not a United States citizen. Both Mr. Lindzon and Mariana Bacardi maintain Florida residences. Mr. Lindzon, an attorney, is a member of the Florida Bar. Neither attorney Field nor O'Hara is a Florida resident or a Florida Bar member. Plaintiff asserts claims of fraudulent alteration of and amendments to the Cotorro Trust, Elena Lindzon's failure to remit to Plaintiff certain payments obtained from the Cotorro Trust, and claims relating to litigation in Liechtenstein concerning the Corniche Trust. In addition to money damages, Plaintiff sought various relief as to the Cotorro Trust.
In January 1997, a clerk's default was entered against Elena Lindzon. Mrs. Lindzon filed a motion to vacate the default; defendants filed various dismissal motions, including motions to dismiss based on forum non conveniens grounds. The court heard the forum non conveniens issue before the other pending motions. [Note 1] The court granted the motion, finding that an adequate alternative forum exists; that the relevant private interest factors favor the alternative forum; and that the public interest factors favor the alternative forum.
[Note 1] The trial court never heard the remaining motions.

Id. at 311. In reaching its decision to dismiss the complaint, the trial court emphasized that Elena Laura Pessino Gomez Del Campo Bacardi (Bacardi), was not a resident or citizen of Florida, but was asking a Florida court to "adjudicate her rights as beneficiary of a non-Florida trust, established by a non-Florida lawyer, administered by a non-Florida trustee in a foreign country pursuant to non-Florida law and having no trust assets in the State of Florida." Bacardi, 728 So.2d at 312.

The Third District affirmed the trial court in part, upholding the trial court's *35 ruling that the suit should be dismissed to the alternative fora. The Third District also reversed the trial court's decision in part, ruling that the malpractice claim against Jerry Lindzon, a Florida attorney, could be heard in a Florida court and that the dismissal of the complaint as to Elena Lindzon flowing from a default entered when she failed to reply to the complaint was improper. The Third District then certified the question we now address.

DISCUSSION

The question certified by the Third District as being of great public importance involves a further refinement of this Court's forum non conveniens jurisprudence:

DOES THE TRIAL COURT ABUSE ITS DISCRETION IF IT DISMISSES AN ACTION ON FORUM NON CONVENIENS GROUNDS UNDER KINNEY SYS., INC. v. CONTINENTAL INS. CO., 674 So.2d 86 (Fla.1996), WHEN DISMISSAL REQUIRES THE PLAINTIFF TO REFILE THE CLAIMS IN MORE THAN ONE ALTERNATIVE JURISDICTION?

The Third District affirmed the trial court's dismissal of the action on forum non conveniens grounds even though the entire case could not be dismissed to one forum. The court opined that the action brought in Florida involved two separate trusts with separate and distinct claims pertaining to each. Thus, the claims as to each trust could be severed and dismissed to the forum with jurisdiction over that particular trust. We agree with the Third District's holding that the trial court did not abuse its discretion in dismissing the Bacardi case to two separate alternative fora, and with its finding that the "whole case" language used in Kinney System, Inc. v. Continental Insurance Co., 674 So.2d 86 (Fla.1996), means one set of legally related facts, thus implicitly severing Bacardi's claims as to each foreign trust and dismissing those sets of claims to two distinct fora.

THE KINNEY DOCTRINE

In Kinney, this Court adopted the four-step analysis for forum non conveniens issues originally outlined in Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 67 S.Ct. 839, 91 L.Ed. 1055 (1947), and currently codified in Florida Rule of Civil Procedure 1.061.[1] We said:

As a prerequisite, the court must establish whether an adequate alternative forum exists which possesses jurisdiction over the whole case. [2] Next, the trial judge must consider all relevant factors of private interest, weighing in *36 the balance a strong presumption against disturbing plaintiffs' initial forum choice. [3] If the trial judge finds this balance of private interest in equipoise [the advantages and disadvantages of the alternative forum will not significantly undermine or favor the "private interests" of any particular party, as compared with the forum in which suit was filed] or near equipoise, he must then determine whether or not factors of public interest tip the balance in favor of a trial in [another] forum. [4] If he decides that the balance favors such a...

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Bluebook (online)
845 So. 2d 33, 2002 WL 32101925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bacardi-v-lindzon-fla-2002.