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Chandler v. Multidata Systems International Corp.5/10/2005
and the alternative forums were located in other states. See Longshore v. Norville, 93 S.W.3d 746 (Mo. App. 2002); State ex rel. Kansas City Southern Ry. Co. v. Mauer, 998 S.W.2d 185 (Mo. App. 1999); and Taylor v. Farmers Ins. Co., 954 S.W.2d 496 (Mo. App. 1997). Plaintiffs emphasize that these cases highly favor a plaintiff's choice of forum absent fraudulent procurement, which occurs when the plaintiff's chosen forum is unrelated to the cause of action, the plaintiff's residence, and the defendant's office or residence. See, e.g., Taylor, 954 S.W.2d at 501. Plaintiffs also try to make a distinction between this case and Acapolon, which accords less deference to the plaintiff's choice of forum where the case is brought by a foreign national and in which the bulk of the operative facts took place in a foreign nation. 827 S.W.2d at 192. However, even though this case does not involve exactly the same facts that were present in Acapolon, its reasoning applies here rather than the cases Plaintiffs cite because, as the Supreme Court stated in Acapolon, a case which has predominant foreign elements is distinguishable from all other Missouri forum non conveniens cases. Id.
As to Plaintiffs' argument regarding findings of fact and conclusions of law, Plaintiffs did not request that the trial court issue findings of fact and conclusions of law and thus the trial court was not required to do so. Rule 73.01(c). We find no basis for assuming that the trial court did not issue findings of fact and conclusions of law because the facts did not support its judgment. Rather, we assume that all fact issues upon which no specific findings are made shall be considered as having been found in accordance with the trial court's result. Id.
Plaintiffs' final argument that a jury in Missouri is better equipped to understand complex or technical issues than a Panamanian judge also fails. Considering the number of factors that weigh in favor of dismissal and that the technical language used for computer programming will be difficult for anyone to understand, the trial court did not abuse its discretion in dismissing the action notwithstanding the complexity of the issues raised. Plaintiffs' fourth point is denied.
The judgment is affirmed.
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