Andrés Rivero wins forum non conveniens argument in the Florida Third District Court of Appeal

MIAMI — On Jan. 7, 2013, Andrés Rivero successfully argued to the Florida Third District Court of Appeal that a trial court’s order denying a motion to dismiss for forum non conveniens should be reversed in Garcia Armas v. Banco Nacional de Crédito. The appellate court found that the trial judge had denied the “motion based on what is essentially a ‘non-reason,’ namely that ‘both Armas and BNC have availed themselves of the jurisdiction of this court (Armas being a resident of Miami-Dade County . . .).’” The Third District Court of Appeal reversed the trial court order on Dec. 13, 2013.

Rivero and M. Paula Aguila are defending Serafin García Armas against BNC’s claims in Miami-Dade County Circuit Court. The plaintiff first filed suit in Caracas and later sued in Miami-Dade County, dismissing its Venezuela action only after Rivero Mestre won an earlier dismissal on forum non grounds. The case has been remanded and is pending before the trial court. Rivero’s oral argument in front of the Third District Court of Appeal can be seen below.