Third District Court of Appeal

State of Florida 

Opinion filed February 15, 2023.

Not final until disposition of timely filed motion for rehearing.

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No. 3D21-2222

Lower Tribunal No. 18-35602

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Celestino Martinez,

Appellant,

vs.

Alejandro Enrique Delfino Thormahlen, etc.,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William 

Thomas, Judge.

Damian & Valori, LLP, and Melanie E. Damian and Allison J. Leonard, 

for appellant.

Holland & Knight, LLP, and Rebecca M. Plasencia, J. Raul Cosio, 

Christopher N. Bellows and Anna Marie Gamez, for appellee.

Before LOGUE, SCALES and HENDON, JJ. 

PER CURIAM.
2

In Gregorian International, Inc. v. Thormahlen, 317 So. 3d 1246 (Fla. 

3d DCA 2021), this Court reversed an October 28, 2019 order granting 

appellee, defendant below, Alejandro Enrique Delfino Thormahlen’s motion 

to dismiss on the ground of forum non conveniens. “[S]o that this Court may 

have a sufficient record from which to conduct its review,” we remanded the 

cause to the trial court with instructions to conduct an evidentiary hearing on 

the insular issue of the “adequacy” of the Venezuelan forum to adjudicate 

the claims of the plaintiff below, appellant Celestino Martinez. Id. at 1246. 

Martinez now appeals the trial court’s October 19, 2021 order that, following 

an evidentiary hearing, once again granted appellee’s motion to dismiss on 

the ground of forum non conveniens.

1

1 In Kinney System, Inc. v. Continental Insurance Co., 674 So. 2d 86 (Fla. 

1996), the Florida Supreme Court adopted the federal forum non conveniens

test whereby the trial court must consider: (i) whether an adequate 

alternative forum exists which possesses jurisdiction over the whole case; 

(ii) all relevant factors of private interest, keeping in mind that there is a 

strong presumption against disturbing the plaintiff’s choice of forum; (iii) if the 

balance of private interests is at or near equipoise, whether public interest

factors tip the balance in favor of trial in the alternative forum; and (iv) 

whether the plaintiff can reinstate the suit in the alternative forum without 

undue inconvenience or prejudice. See Fla. R. Civ. P. 1.061.

This Court reviews a trial court order granting a motion to dismiss on the 

ground of forum non conveniens for an abuse of discretion. See Abeid-Saba 

v. Carnival Corp., 184 So. 3d 593, 599 (Fla. 3d DCA 2016).
3

On remand, the trial court conducted a seven-hour evidentiary hearing 

at which the trial court heard conflicting testimony from competing fact and 

expert witnesses regarding whether the civil courts in Venezuela provide an 

adequate forum for the adjudication of Martinez’s claims. On October 19, 

2021, the trial court entered a detailed, ten-page order concluding that 

Venezuela is an adequate forum. While Venezuela may not provide a perfect 

alternative forum,2 on this record we are unable to conclude that the trial 

court abused its discretion making its alternative forum adjudication. We are 

therefore compelled to affirm the trial court’s order.3

Affirmed.

2 “An adequate forum need not be a perfect forum.” Abeid-Saba, 184 So. 3d 

at 600 (quoting Satz v. McDonnell Douglas Corp., 244 F.3d 1279, 1283 (11th 

Cir. 2001)). “An alternative forum is adequate if it provides for litigation of the 

subject matter of the dispute and potentially offers redress for plaintiffs’ 

injuries.” Id. (quoting King v. Cessna Aircraft Co., 562 F.3d 1374, 1382 (11th 

Cir. 2009)). “[S]ome inconvenience or the unavailability of beneficial litigation 

procedures similar to those available in the federal district courts does not 

render an alternative forum inadequate.” Id. (quoting Borden, Inc. v. Meiji 

Milk Prods. Co., 919 F.2d 822, 829 (2d Cir. 1990)).

3 The challenged October 19, 2021 order incorporated the trial court’s 

findings made in the court’s prior October 28, 2019 order. We affirm without 

discussion the October 28, 2019 order in its entirety.