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CELESTINO MARTINEZ v. ALEJANDRO ENRIQUE DELFINO THORMAHLEN, etc.
Citation: Not availableDocket: 21-2222
Court: District Court of Appeal of Florida; February 14, 2023; Florida; State Appellate Court
Original Court Document: View Document
Celestino Martinez appeals the Third District Court of Appeal's February 15, 2023 decision affirming the trial court's October 19, 2021 order, which granted Alejandro Enrique Delfino Thormahlen's motion to dismiss on the basis of forum non conveniens. This follows a prior appeal where the court reversed a similar dismissal and remanded for an evidentiary hearing on whether the Venezuelan courts were an adequate forum for Martinez's claims. The trial court conducted a seven-hour evidentiary hearing, during which conflicting testimonies regarding the adequacy of Venezuelan civil courts were presented. The court concluded, in a ten-page order, that while Venezuela may not be a perfect forum, it was deemed adequate for adjudicating the claims, thereby complying with the federal forum non conveniens test established in Kinney System, Inc. v. Continental Insurance Co. This test requires consideration of the existence of an adequate alternative forum, relevant private interest factors, public interest factors, and the plaintiff's ability to reinstate the suit without undue inconvenience. The appellate court found no abuse of discretion in the trial court's conclusion that Venezuela provided an adequate forum, affirming the order. The court noted that an adequate forum does not need to be perfect, and some inconvenience in litigation does not render a forum inadequate. The appellate court also affirmed the trial court's prior October 28, 2019 order without further discussion.