Cecille Lamoutte, Appellant, v. Agueybana Ruiz Paneque, Appellee. (2022)

District Court of Appeal of Florida, Third District.

Cecille Lamoutte, Appellant, v. Agueybana Ruiz Paneque, Appellee.

No. 3D22-540

Decided: November 23, 2022

Before FERNANDEZ, C.J., and EMAS and SCALES, JJ.

AV Professional Association, and Alba Varela, for appellant. Law Offices of Diane M. Trainor, and Diane M. Trainor and Devon M. Quijano, for appellee.

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).

PER CURIAM.

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