Publicidad Vepaco, C.A. v. Mezerhane
176 So. 3d 273
| Fla. Dist. Ct. App. | 2015Background
- Plaintiffs, Venezuelan corporations, filed suit in Florida against Mezerhane and Trujillo seeking damages for allegedly stealing and converting $72 million in U.S. Treasury Bills via Banco Federal.
- Allegations: Mezerhane owned Banco Federal; Trujillo was CEO; scheme involved a Venezuelan banking network and temporary passage of T-bills through Curaçaoan entities.
- Defendants fled Venezuela after criminal charges; both reside in Florida; Mezerhane seeks political asylum and has a separate federal suit in Miami.
- Plaintiffs filed parallel actions in Curaçao; Curaçaoan petition sought to attach the Curaçaoan entities but was dismissed without prejudice.
- Curazao-based actions were used by defendants to urge dismissal in Florida under forum non conveniens and failure to join indispensable parties grounds.
- Trial court granted dismissal on forum non conveniens and non-joinder; plaintiffs appealed; this court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to join indispensable parties | Curagaon entities may be liable; their joinder is necessary to adjudicate the dispute. | Joinder is not necessary; Florida action can proceed without Curaçaoan parties. | Indispensable-party dismissal reversed; joinder not required for adjudication. |
| Forum non conveniens dismissal | Florida forum remains appropriate; private/public factors favor Florida; no adequate alternative forum can defeat plaintiffs' forum choice. | Curacao is an adequate alternative forum; private/public factors weigh in favor of dismissal. | Trial court erred; Florida forum should be maintained; remanded for proceedings; no undue prejudice shown in reinstitution. |
Key Cases Cited
- Kinney System, Inc. v. Continental Insurance Co., 674 So.2d 86 (Fla. 1996) (establishes four-step Kinney framework for forum non conveniens)
- Cortez v. Palace Resorts, Inc., 123 So.3d 1085 (Fla.2013) (requires consideration of public interest prong; presumption favoring plaintiff's forum may be overcome)
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (U.S.1981) (adequacy of the alternative forum; remedy availability standard)
- Pain v. United Techs. Corp., 637 F.2d 775 (D.C. Cir.1980) (private/public interest framework for forum non conveniens)
- Hertz Corp. v. Piccolo, 453 So.2d 12 (Fla.1984) (burden of proving alternative forum availability and jurisdictional reach)
- Diaz v. Impex of Doral, Inc., 7 So.3d 591 (Fla.3d DCA 2009) (indispensable-party considerations in Florida courts)
- Telemundo Network Grp., LLC v. Azteca Int'l Corp., 957 So.2d 705 (Fla.3d DCA 2007) (burden shifting in forum non conveniens analyses)
- Inverpan, S.A. v. Britten, 646 F.Supp.2d 1354 (S.D. Fla.2009) (documents transfer viewed as minor in modern era)