Summary
The Florida Third District Court of Appeal reviewed a non-final order denying Global Commercial Roofing, LLC’s motion to dismiss for improper venue and improper service. The court affirmed the service ruling without discussion but reversed on venue, holding that the subcontract’s provision designating Lee County, Florida, as the venue for disputes was a mandatory and exclusive forum-selection clause.
Holdings
- The forum-selection clause was clear and unambiguous and mandated Lee County, Florida, as the exclusive venue for litigation arising from or relating to the subcontract.
- The trial court's ruling on the service issue was affirmed.
Questions Presented
- Whether the subcontract's provision requiring controversies or claims to be settled under Florida law "with venue in Lee County, FL" was a mandatory and exclusive forum-selection clause.
- Whether the trial court erred in denying the motion to dismiss for improper service.
Disposition
reversed_and_remanded
Cases Cited (14)
- Joseph v. Princess Mktg. LLC, 393 So. 3d 830, 832 (Fla. 3d DCA 2024)(followed)
- Am. Safety Cas. Ins. Co. v. Mijares Holding Co., LLC, 76 So. 3d 1089, 1091 (Fla. 3d DCA 2011)(followed)
- W. Bay Plaza Condo. Ass'n, Inc. v. Sika Corp., 338 So. 3d 32, 34 (Fla. 3d DCA 2022)(followed)
- Weisser v. PNC Bank, N.A., 967 So. 2d 327, 330 (Fla. 3d DCA 2007)(followed)
- Dataline Corp. v. L.D. Mullins Lumber Co., 588 So. 2d 1078, 1079 (Fla. 4th DCA 1991)(followed)
- TECO Barge Line, Inc. v. Hagan, 15 So. 3d 863, 865 (Fla. 2d DCA 2009)(followed)
- Manrique v. Fabbri, 493 So. 2d 437, 440 (Fla. 1986)(followed)
- Granados Quinones v. Swiss Bank Corp. (Overseas), 509 So. 2d 273, 274-75 (Fla. 1987)(followed)
- Espresso Disposition Corp. 1 v. Santana Sales & Mktg. Grp., Inc., 105 So. 3d 592, 595 (Fla. 3d DCA 2013)(followed)
- Celistics, LLC v. Gonzalez, 22 So. 3d 824, 825-26 (Fla. 3d DCA 2009)(followed)
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Cited In (0)
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Court Document
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