Haynes v. Carr, 11609.
| Decision Date | 23 November 1977 |
| Docket Number | No. 12113.,No. 11609.,11609.,12113. |
| Citation | 379 A.2d 1178 |
| Parties | Ellen H. HAYNES, (formerly Carr), Appellant, v. Keith A. CARR, Appellee. |
| Court | D.C. Court of Appeals |
Arthur R. Goldberg, Washington, D. C., with whom Sidney S. Sachs, Washington, D. C., was on the brief, for appellee.
Before NEWMAN, Chief Judge, and GALLAGHER and HARRIS, Associate Judges.
These consolidated appeals arise out of a claim for increased child support on behalf of the minor children of the parties. Appellant challenges in No. 11609 the order of the trial court dismissing for lack of jurisdiction her motion for increased child support. In No. 12113, she assigns as error the dismissal of her complaint for increased support on the ground of forum non conveniens. A brief recital of the facts is necessary to place these appeals in proper perspective.
In November 1973, the parties entered into a separation and property settlement agreement which provided, inter alia, for the support and custody of the couple's three minor children. In December 1974, Mrs. Haynes (formerly Mrs. Carr) filed in the Family Division of the Superior Court a complaint to enforce the separation agreement. She alleged that Mr. Carr was responsible for private school tuition payments incurred by her on behalf of the minor children. Judgment was rendered in favor of Mrs. Haynes on December 19, 1975. Mr. Carr appealed, and this court affirmed the decision of the trial court on May 26, 1977. Carr v. Haynes, D.C.App., 374 A.2d 868 (1977).
In the meantime, Mrs. Haynes filed on September 10, 1976, a motion to increase support payments in the same case. The trial court dismissed the motion for lack of jurisdiction and she appealed.1
On November 3, 1976, one week after the dismissal of the motion to increase support payments, Mrs. Haynes initiated a new civil action against Mr. Carr. This complaint sought the same relief, i.e., an increase in support for the children, that the previously dismissed motion (No. 11609) had sought. On March 28, 1977, the trial court sua sponte dismissed the complaint on the ground of forum non conveniens and an appeal followed.
After review of the record, we have concluded that the trial court's dismissal of the complaint of the ground of forum non conveniens was warranted. This court on many occasions has stated that the decision of the trial court to apply the doctrine of forum non conveniens will be disturbed only for a clear abuse of discretion. Carr v. Bio-Medical Applications of Washington, Inc., D.C.App., 366 A.2d 1089 (1976); Dorati v. Dorati, D.C.App., 342 A.2d 18 (1975); Frost v. Peoples Drug Store, Inc., D.C.App., 327 A.2d 810 (1974). It is also well recognized that a ruling of forum non conveniens may be made by the trial court sua sponte. Wilburn v. Wilburn, D.C.App., 192 A.2d 797 (1963).
Relevant to a determination of the issue of forum non conveniens are the private interests of the litigants and the public interest. The factors to be considered include the relative ease of access to proof, availability of compulsory process, the cost of obtaining witnesses, the inconvenience of long-distance travel, and the enforceability of a judgment. Dorati v. Dorati, supra; Frost v. Peoples Drug Store, Inc., supra. Relevant also is the community's interest in avoiding congestion of its courts by foreign litigation. In Curley v. Curley, 74 App.D.C. 163, 165, 120 F.2d 730, 732 (1941), the court stated:
[T]he public policy of the District of Columbia does not require its courts to take jurisdiction of a matrimonial dispute between two persons who are neither domiciled in the District nor even residents thereof; especially where there is no showing that the welfare of children, rights of property, or other public interests, in the District are in any way affected. . . . [Footnote omitted.]
In comparing the competing considerations in this case, the trial judge found that the court's interest in removing cases from its crowded docket outweighed any travel inconvenience to the parties which would result if this suit were filed in Maryland. Both parties are residents of Maryland.2 Their children reside in Maryland and attend school in Maryland and Virginia. The only significant contact of either party with the District of Columbia is that appellee is employed here. Although that is a factor to be considered, we reject appellant's contention that it is of overriding significance.
Appellant asserts that the convenience of the parties' attorneys should be considered in that their offices are located in the District. But as we emphasized in Frost v. Peoples Drug Store, Inc....
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