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Aetna Casualty Surety v. Ciarrochi

District Court of Appeal of Florida, Third District
Jan 29, 1991
573 So. 2d 990 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-179.

January 29, 1991.

Appeal from the Circuit Court, Dade County, Frederick Barad, J.

Fowler, White, Gillen, Boggs, Villareal Banker, and Bonita L. Kneeland, Tampa, for appellant.

Magill Lewis, and R. Fred Lewis, Miami, for appellee.

Before NESBITT, JORGENSON and GERSTEN, JJ.


Where the law of a foreign forum is claimed to be dispositional, yet no foreign law is pleaded to the trial court, the matter is to be determined by the law of this forum. See Coyne v. Coyne, 325 So.2d 407 (Fla. 3d DCA 1976); Miller v. Shulman, 122 So.2d 589 (Fla. 3d DCA 1960).

Further, the choice of law doctrine presumes that, "where a party seeking to rely upon foreign law fails to demonstrate that the foreign law is different from the law in Florida, the law is the same as Florida." Gustafson v. Jensen, 515 So.2d 1298 (Fla. 3d DCA 1987).

Affirmed.


Summaries of

Aetna Casualty Surety v. Ciarrochi

District Court of Appeal of Florida, Third District
Jan 29, 1991
573 So. 2d 990 (Fla. Dist. Ct. App. 1991)
Case details for

Aetna Casualty Surety v. Ciarrochi

Case Details

Full title:AETNA CASUALTY SURETY CO., APPELLANT, v. JOSEPH CIARROCHI, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jan 29, 1991

Citations

573 So. 2d 990 (Fla. Dist. Ct. App. 1991)

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