Just because you file your lawsuit here doesn’t necessarily mean that your case will be resolved here, even if the Florida courts have jurisdiction. A battle between some Spanish-language movie channels produced an opinion recently issued by the Third District Court of Appeal that re-affirms that Florida courts follow the federal standard for granting motions that allow actions to proceed somewhere else. In the case of the movie channels, the appeals court here in Miami concluded that a court in Mexico was better equipped to take on and resolve the case than Florida was. The ruling is a reminder of the many procedural hurdles you may face in your commercial litigation dispute, which is why it pays to have experienced Florida commercial litigation counsel on your side.
At one time, a few decades ago, it was easier to bring a civil case in Florida than it is today. However, the Florida Supreme Court became concerned that the Sunshine State was becoming the “courthouse for the world.” With that concern in mind, the Supreme Court issued a ruling in 1996 that adopted the federal standard for forum non conveniens.
Forum non conveniens, which is Latin that translates into “forum not agreeing,” is a motion a party to a lawsuit may make in order to argue that another court, or forum, is in a better position to handle the case. Under the federal standard for forum non conveniens, a court must look at four things: whether another forum exists that is both sufficient and has jurisdiction, the private interest factors of each side, whether “the relevant public interests” point in favor of another court, and whether or not the plaintiffs can bring suit in the alternative forum.