(DOWNLOAD) "Lance W. Mckibben and Peggy S. Mckibben v. Leroy T. Mallory Et Al." by Supreme Court of Florida ~ eBook PDF Kindle ePub Free
eBook details
- Title: Lance W. Mckibben and Peggy S. Mckibben v. Leroy T. Mallory Et Al.
- Author : Supreme Court of Florida
- Release Date : January 20, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Where one of the parties to a lawsuit is a resident of Florida, does a trial court have the discretion to dismiss the action by applying the doctrine of forum non conveniens? The Fourth District Court of Appeal, in its decision reported at 347 So.2d 1041 (Fla. 4th DCA 1977), answered this question in the affirmative. That holding gives us jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution (1968), because it conflicts with a long line of Florida cases which restrict the application of the doctrine of forum non conveniens to cases in which both parties to an action are nonresidents and in which the cause of action arose outside of Florida. We are in agreement with these prior decisions, and answer the question in the negative.