Zombie suits

October 26, 2011

  • 106 Courts
  • 106I Nature, Extent, and Exercise of Jurisdiction in General
  • 106I(B) Location of Forum; Forum Non Conveniens
  • 106k40.11 Proceedings
  • 106k40.11(5) Determination and Disposition
  • 106k40.11(7) k. Conditions Precedent.

106 CourtsRequiring that defendants waive any foreign procedural bars of new forum could entice plaintiffs to file suit in Florida in attempt to avoid such bars, and thus dismissal for forum non conveniens may not be so conditioned; in the fashion of zombies rising from Florida soil, dead suits would be resurrected to return and walk their homeland courts.
Iberoamerican Electronics, S.R.L. v. Moore Bus. Forms, Inc., 679 So. 2d 295 (Fla. Dist. Ct. App. 1996)
Suggested by Bess Hambleton, West Reference Attorney