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Turner v. Koren

District Court of Appeal of Florida, Third District
Sep 9, 1998
717 So. 2d 119 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-1289.

Opinion filed September 9, 1998. JULY TERM, 1998.

An Appeal from a non-final order from the Circuit Court for Dade County, Juan Ramirez, Jr., Judge. L.T. No. 97-25602

Zack Kosnitzky and H. Stephen Rash and Orion G. Callison, III, for appellant.

Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin Perwin and Joel Perwin, for appellee.

Before COPE, GREEN and SHEVIN, JJ.


As in Resorts Int'l, Inc. v. Spinola, 705 So.2d 629 (Fla. 3d DCA), review denied, No. 92,698 (Fla. Jul. 6, 1998), and Ryder Truck Rental, Inc. v. Rosenberger, 699 So.2d 713 (Fla. 3d DCA 1997), review denied, 705 So.2d 570 (Fla. 1998), it is clear from the facts of this case that: 1) an adequate alternative forum exists; and 2) although the balance of private interests is at or near equipoise, a weighing of the public interest factors demonstrate that "Florida has no interest in committing its judicial time and resources to the litigation of this action which calls for the application of foreign law in relation to a[n out-of-country] vehicle accident wherein a non-Florida resident was injured by the negligence of a non-Florida resident, [who was driving] a vehicle . . . [that was] leased, [outside of Florida]." Ryder, 699 So.2d at 717. See Kinney Sys., Inc. v. Continental Ins. Co., 674 So.2d 86 (Fla. 1996); Brunschwig v. Simpson, 711 So.2d 255 (Fla. 3d DCA 1998); Ciba-Geigy, Ltd. v. The Fish Peddler, Inc., 691 So.2d 1111 (Fla. 4th DCA), review denied, 699 So.2d 1372 (Fla. 1997). Accordingly, we reverse the order and remand for further consistent proceedings.

Reversed and remanded.


Summaries of

Turner v. Koren

District Court of Appeal of Florida, Third District
Sep 9, 1998
717 So. 2d 119 (Fla. Dist. Ct. App. 1998)
Case details for

Turner v. Koren

Case Details

Full title:Ronald K. TURNER, Appellant, v. Evelyn H. KOREN, individually, and as…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 9, 1998

Citations

717 So. 2d 119 (Fla. Dist. Ct. App. 1998)

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