DGRWW lawyer Robert J. Becerra, representing a Miami defendant who was an executive at a failed stock brokerage in Venezuela, won an appeal affirming the dismissal of a case in Miami-Dade Circuit Court alleging a $60 million fraud, civil theft and conspiracy against DGRWW’s client in favor of litigation in the courts of Venezuela on forum non conveniens grounds.
The doctrine of forum non conveniens permits defendants to move to dismiss cases filed in Florida where a foreign forum would be more convenient for the defendant and the court finds the alternative forum to be available and adequate to hear the case.
In this case, Becerra obtained a dismissal in the trial court for DGRWW’s client in favor of litigating in the courts of Venezuela, arguing at an evidentiary hearing that Venezuela’s court system was an adequate alternative forum for the litigation and that other factors also favored Venezuela’s courts over Miami’s courts. On appeal of the dismissal order, and after oral argument, the Third District Court of Appeal affirmed without opinion on February 26, 2014, and on March 31, 2014 denied a motion by the plaintiff for rehearing and rehearing en banc, or in the alternative for a written opinion. See, Vasquez-Estrella v. Camperos, Case No. 11-035080, Miami-Dade Circuit Court, Third District Court of Appeal case No. 13-2342. The appeal court’s order is now final.