CECILLE LAMOUTTE v. AGUEYBANA RUIZ PANEQUE

Third District Court of Appeal
State of Florida
Opinion filed November 23, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-540
Lower Tribunal No. 20-5330
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Cecille Lamoutte,
Appellant,
vs.
Agueybana Ruiz Paneque,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, Maria Espinosa Dennis, Judge.
AV Professional Association, and Alba Varela, for appellant.
Law Offices of Diane M. Trainor, and Diane M. Trainor and Devon M.
Quijano, for appellee.
Before FERNANDEZ, C.J., and EMAS and SCALES, JJ.
PER CURIAM.
Affirmed. See DeStefanis v. Tan, 231 So. 3d 537, 539 (Fla. 3d DCA
2017) (“An order denying a motion to dismiss based on forum non
conveniens is reviewed for an abuse of discretion.”); Eggers v. Eggers, 776
So. 2d 1096, 1098 (Fla. 5th DCA 2001) (“Under the forum non conveniens
statute, a plaintiff’s forum selection is presumptively correct and the burden
is on the defendant to show either substantial inconvenience or that undue
expense requires change for the convenience of the parties or witnesses.
This court has instructed that when a forum non conveniens challenge is
raised, it is incumbent upon the parties to submit affidavits or other evidence
that will shed necessary light on the issue of the convenience of the parties
and witnesses and the interest of justice.”) (citations omitted).
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