Background
Jennifer Williamson filed for dissolution of marriage in Hillsborough County in March 2022. She alleged that she had been a Florida resident for more than six months before filing. The parties had lived together in Hillsborough County before separating; Rodney Williamson lived in Louisiana when the petition was filed.
The husband later sought dismissal on forum non conveniens grounds, asserting that the wife and children had moved from Florida and suggesting Utah as an alternative forum. At a case-management hearing requested to address temporary-support arrearages, the wife said she was in Missouri but planned to return permanently to Florida. The circuit court sua sponte dismissed the case without prejudice for forum non conveniens, referring to Louisiana as the only location with meaningful ties.
The Court’s Holding
The Second District reversed. A dismissal for forum non conveniens requires analysis of the factors established in Kinney and Cortez: an adequate alternative forum with jurisdiction over the entire case, the relevant private-interest factors, public-interest factors if necessary, and assurance that the plaintiff can reinstate the action elsewhere without undue inconvenience or prejudice.
The circuit court did not analyze those factors, take sworn testimony, hear evidence on them, or identify a specific adequate alternative forum. The wife’s later moves did not permit dismissal merely because the court suggested another possible forum. The court also deprived both parties of notice and an opportunity to be heard because the case-management hearing was not noticed as a forum non conveniens proceeding.
Key Takeaways
- A Florida dissolution action cannot be dismissed for forum non conveniens without applying the required Kinney/Cortez analysis.
- The court must identify an adequate alternative forum with jurisdiction over the whole case; a generalized suggestion that the party file elsewhere is insufficient.
- A sua sponte forum non conveniens dismissal without notice and an opportunity to present evidence violates due process.
Why It Matters
The decision reinforces that forum non conveniens is a limited doctrine, including in family-law matters. A party’s post-filing relocation or uncertain housing situation does not itself establish that Florida is an inconvenient forum.
Trial courts considering a venue-related dismissal must give the parties notice, permit them to develop an evidentiary record, and make the required findings before ending the Florida case.