Topic v. Topic
221 So. 3d 746
| Fla. Dist. Ct. App. | 2017Background
- Husband and Wife, Ecuadorian citizens married in Miami (1991) later lived in Ecuador; Husband left the marital home in early 2013.
- Wife flew to Miami and filed a Petition for Support Unconnected with Dissolution (§61.09) on August 12, 2014; Husband was personally served August 13, 2014.
- Husband filed several motions to dismiss raising jurisdictional defenses; he first raised forum non conveniens on July 20, 2015—more than 60 days after service.
- The trial court initially heard evidence but ultimately denied the forum non conveniens motion as untimely under Florida Rule of Civil Procedure 1.061(g).
- On appeal, the Husband argued the 60-day rule did not apply because forum non conveniens was not available against a §61.09 maintenance petition; the appellate court rejected that argument.
- Court affirmed: Rule 1.061(g) requires a motion to dismiss based on forum non conveniens to be served within 60 days of service of process; Husband’s motion was untimely.
Issues
| Issue | Plaintiff's Argument (Wife) | Defendant's Argument (Husband) | Held |
|---|---|---|---|
| Timeliness under Fla. R. Civ. P. 1.061(g) | Motion was untimely because filed >60 days after service (rule is plain) | 60‑day rule should not bar his late forum non conveniens motion | Motion was untimely; rule applies; denial affirmed |
| Availability of forum non conveniens vs. §61.09 petition | Forum non conveniens is available even if venue for §61.09 is proper | Forum non conveniens unavailable for §61.09 maintenance petition; venue challenge would be improper | Forum non conveniens distinct from venue and was available; but Husband waived timely assertion and the motion was filed too late |
Key Cases Cited
- Dawson Ins., Inc. v. Quantum Capital Network, LLC, 923 So. 2d 1194 (Fla. 3d DCA 2006) (Rule 1.061(g) requires forum non conveniens motion within 60 days; no exception)
- Wedge Hotel Mgmt. (Bahamas), Ltd. v. Meier, 868 So. 2d 552 (Fla. 3d DCA 2004) (untimely forum non conveniens motion is time‑barred)
- Caraffa v. Carnival Corp., 34 So. 3d 127 (Fla. 3d DCA 2010) (reversed dismissal where forum non conveniens motion was untimely)
- Kinney Sys., Inc. v. Cont’l Ins. Co., 674 So. 2d 86 (Fla. 1996) (describing forum non conveniens doctrine)
- Ryder Sys., Inc. v. Davis, 997 So. 2d 1133 (Fla. 3d DCA 2008) (abuse of discretion standard for forum non conveniens rulings)