Martim v. Cattleya PTC
Defendants appealed the denial of their motion to dismiss and compel arbitration based on standing, indispensable party, forum non conveniens, a forum selection clause, and an arbitration agreement. The Third DCA dismissed the standing and indispensable-party portions for lack of appellate jurisdiction over non-final orders, and affirmed on forum non conveniens and arbitration because the movants submitted no affidavits or sworn evidence — only unsworn pleadings from a prior federal suit — and because the appellant/appellee were not parties to the contract containing the arbitration clause.
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Key facts
- Defendants appealed the trial court's denial of their motion to dismiss and compel arbitration, raising arguments based on standing, indispensable party, forum non conveniens, forum selection clause, and an arbitration agreement.
- The defendants supported their motion with only unsworn pleadings from a prior federal suit, submitting no affidavits or sworn evidence, and neither the plaintiff nor individual defendant was a party to the contract containing the arbitration clause.
- +1 more key fact with a free trial
Why it matters
The opinion gives litigators a clean, citable roadmap on the evidentiary burden for forum non conveniens motions: no affidavits means no meaningful Kinney analysis, no evidentiary hearing, and no reversal. It also… — full analysis with a trial
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