Charles v. Mcmahon

The defendant/appellant appeals an order denying his motion to dismiss this automobile negligence case on forum non conveniens grounds. Although he is a resident of Florida, the plaintiffs are residents of Washington State, and the accident occurred in Nebraska. The appellant moved to dismiss under Florida Rule of Civil Procedure 1.061, which requires the trial court to engage in the analysis elaborated in Kinney System, Inc. v. Continental Insurance Co., 674 So. 2d 86 (Fla. 1996). We reverse because the trial court did not engage in this analysis, either at the hearing or in its written order of denial.