S2 Global, Inc. v. Tactical Operational Support Services, LLC

119 So. 3d 1280, 2013 WL 4727111, 2013 Fla. App. LEXIS 14109
CourtDistrict Court of Appeal of Florida
DecidedSeptember 4, 2013
DocketNo. 4D12-2662
StatusPublished
Cited by5 cases

This text of 119 So. 3d 1280 (S2 Global, Inc. v. Tactical Operational Support Services, LLC) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S2 Global, Inc. v. Tactical Operational Support Services, LLC, 119 So. 3d 1280, 2013 WL 4727111, 2013 Fla. App. LEXIS 14109 (Fla. Ct. App. 2013).

Opinion

SINGHAL, RAAG, Associate Judge.

S2 Global, Inc., Rapiscan Systems, Inc., and S2 Services Puerto Rico, LLC (appellants) challenge the trial court’s order granting Tactical Operational Support Services, LLC, and Tactical Operational Support Services, Puerto Rico, LLC’s (ap-pellees) motion to dismiss for forum non conveniens. We reverse the dismissal of the case because appellees’ motion to dismiss, brought outside the sixty day time limitation set forth in Florida Rule of Civil Procedure 1.061(g), was untimely and the late filing was not due to excusable neglect.

Factual Background

Appellants filed suit in Palm Beach County, Florida on May 7, 2010, seeking a declaratory judgment regarding obligations under a teaming agreement between the parties, and damages for fraud in the inducement as to this agreement. Appellees were served with the complaint by June 11, 2010, which was shortly after they had provided appellants with an un-filed complaint, which appellees were intending to file in the United States District Court for the District of Puerto Rico, outlining disagreements between the parties. Thus, by the time appellees had been served with appellants’ complaint, the parties knew the issues related to facts in both Florida and Puerto Rico.

The parties litigated their cases by engaging in discovery and filing motions. The trial court conducted hearings and entered orders. On January 17, 2012, ap-pellees filed suit against appellants in Puerto Rico. That suit included a cause of action based on Puerto Rico’s Sales Representatives Act (Law 21) and related to the events in this Florida case. Notably, on March 5, 2012, which was within sixty days of the filing of the suit, the Puerto Rican court dismissed the appellees’ suit without prejudice.

Only after the dismissal in Puerto Rico did appellees seek to dismiss the Florida cause of action because of forum non con-veniens. Appellees sought dismissal under Florida Rule of Civil Procedure 1.061, which codifies the forum non conveniens doctrine. Recognizing the untimeliness of the motion, appellees argued excusable neglect. To support this argument, appel-lees attached an affidavit to the motion which contained numerous numbered paragraphs. Only one of those paragraphs seemed to address excusable neglect and it read as follows:

[1282]*128216. At the time of filing the Puerto Rico action, Defendants believed its claims under law 21 and for restitution were not before this court as part of Plaintiff’s action. For that reason, and upon advice of counsel, Defendants decided to bunging [sic] separate suit in Puerto Rico.

(emphasis added).

When appellees served their “Motion to Dismiss, Transfer, or Define Scope of Action,” which forms the basis for this appeal, on May 4, 2012, the Florida case was nearly two years old. The trial court held a hearing on the motion during which the parties presented only legal argument. Appellees’ main argument was that the Puerto Rican court’s decision ostensibly dismissing their case without prejudice in effect caused excusable neglect. Appellants argued that the motion was untimely and that while there may have been mistake or ignorance of counsel, there was not excusable neglect. The trial court ultimately entered a written order granting appellees’ motion, finding it was untimely but as a result of excusable neglect, and further finding that the Kinney1 factors favored dismissal. This appeal followed.

Analysis

The standard of review regarding a trial court’s decision to dismiss a case under the doctrine of forum non conve-niens is abuse of discretion. Ira Mex, Inc. v. Se. Interior Constr., Inc., 777 So.2d 1107, 1108 (Fla. 4th DCA 2001). This standard of review would apply so long as the prevailing party complied with the requirements delineated in Florida Rule of Civil Procedure 1.061, which codifies the forum non conveniens doctrine. Where the question concerns a trial court’s interpretation of the Florida Rules of Civil Procedure, however, that question is one of pure law and is reviewed de novo. R.T.G. Furniture Corp. v. Coates, 93 So.3d 1151, 1153 (Fla. 4th DCA 2012).

Timeliness of Appellees’ motion.

Florida Rule of Civil Procedure 1.061 sets forth grounds for dismissal of a cause of action because of forum non con-veniens. This rule was adopted by the Florida Supreme Court in Kinney System, Inc. v. Continental Insurance Co., 674 So.2d 86, 93 n. 6, 94-95 (Fla.1996), and provides a four part analysis regarding dismissal CKinney factors) as follows:

(a) Grounds for Dismissal. An action may be dismissed on the ground that a satisfactory remedy may be more conveniently sought in a jurisdiction other than Florida when:
(1) the trial court finds that an adequate alternate forum exists which possesses jurisdiction over the whole case, including all of the parties;
(2) the trial court finds that all relevant factors of private interest favor the alternate forum, weighing in the balance a strong presumption against disturbing plaintiffs’ initial forum choice;
(3) if the balance of private interests is at or near equipoise, the court further finds that factors of public interest tip the balance in favor of trial in the alternate forum; and
(4) the trial judge ensures that plaintiffs can reinstate their suit in the alternate forum without undue inconvenience or prejudice.
The decision to grant or deny the motion for dismissal rests in the sound discretion of the trial court, subject to review for abuse of discretion.

Fla. R. Civ. P. 1.061(a).

Additionally, Rule 1.061 sets a specific time frame within which a defendant must [1283]*1283move to dismiss a complaint for forum non conveniens:

(g) Time for Moving for Dismissal. A motion to dismiss based on forum non conveniens shall be served not later than 60 days after service of process on the moving party.

Fla. R. Civ. P. 1.061(g).

In this case, the appellants filed their complaint on May 7, 2010, and the appellees were served by June 11, 2010. The appellees, however, did not serve their Rule 1.061 motion to dismiss until May 4, 2012, more than twenty months outside the time allowed by Rule 1.061(g). It is clear that motions to dismiss filed pursuant to Rule 1.061 “shall be served not later than 60 days after service of process on the moving party.” Fla. R. Civ. P. 1.061(g) (emphasis added). The language as written in the rule is unambiguous. “It is well settled that the Florida Rules of Civil Procedure are construed in accordance with the principles of statutory construction.” Saia Motor Freight Line, Inc., v. Reid, 930 So.2d 598, 599 (Fla.2006). Rules of statutory interpretation and construction do not come into play, however, when the language at issue is clear and unambiguous and conveys a clear and definite meaning. R.T.G. Furniture Corp., 93 So.3d at 1153. Here, the plain meaning of the rule warranted denial of the dismissal motion as untimely. Only upon a showing of excusable neglect could the motion have been granted.

Whether Appellees showed excusable neglect for their untimely motion.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

VITALIY KUSAYEV v. SVETLANA KUSAYEV
District Court of Appeal of Florida, 2021
Greene v. Virgin Islands Water & Power Authority
67 V.I. 727 (Supreme Court of The Virgin Islands, 2017)
Topic v. Topic
221 So. 3d 746 (District Court of Appeal of Florida, 2017)
Deutsche Bank National Trust Company v. Quinion
198 So. 3d 701 (District Court of Appeal of Florida, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
119 So. 3d 1280, 2013 WL 4727111, 2013 Fla. App. LEXIS 14109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s2-global-inc-v-tactical-operational-support-services-llc-fladistctapp-2013.