FOUR STAR RESORTS BAHAMAS, LTD. D/B/A PARADISE ISLAND FUN CLUB, A BAHAMIAN CORPORATION, APPELLANT,
v.
ALLEGRO RESORTS MANAGEMENT SERVICES, LTD., A B.V.I. CORPORATION, APPELLEE
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Parties who contractually agree to a specific forum and waive venue objections cannot later claim inconvenient forum.
Appellant, Four Star Resorts Bahamas, Ltd., entered into a contract with a forum selection clause choosing Dade County and waiving venue objections. A…
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PER CURIAM.
Four Star Resorts Bahamas, Ltd., doing business as Paradise Island Fun Club, appeals an order denying its motion to dismiss on grounds of forum non conveniens. See Fla. R.App. P. 9.130(a)(3)(A) (authorizing review of non-final orders that concern venue); see also Thomas v. Thomas, 724 So. 2d 1246 (Fla. 4th DCA 1999); Southern Railway Co. v. McCubbins, 196 So. 2d 512 (Fla. 3d DCA 1967). The underlying contract in this litigation contains a forum selection clause choosing Dade County as the forum for any suit arising out of the agreement, and waiving any venue objection, and including any objection that the suit has been brought in an inconvenient forum. The trial court denied the motion to dismiss for forum non conveniens, see Fla. R. Civ. P. 1.061, and Four Star has appealed.
“It is settled law in this state that the parties to an agreement may provide therein where suit may be brought to enforce it if such should become necessary .... ” Producers Supply, Inc. v. Harz, 149 Fla. 594, 596, 6 So. 2d 375, 376 (1942); see also Hughes Supply Inc. v. Lupton, 487 So. 2d 429 (Fla. 5th DCA 1986). Having contractually agreed to venue in Dade County, and having explicitly waived any venue or forum non conve-niens objection, Four Star will not be heard to say otherwise now.
Four Star’s challenge to personal jurisdiction based on McRae v. J.D./M.D., Inc., 511 So. 2d 540 (Fla.1987), is not properly before us and we express no opinion on that issue.
Affirmed.
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Telemundo Network Grp., LLC v. Azteca Int'l Corp., 957 So. 2d 705 (Fla. 3d DCA 2007)…e a defendant has contractually agreed to a specific forum and waived the right to object to it, a court may not dismiss claims against that defendant on forum non con-veniens grounds. Four Stars Resorts Bahamas, Ltd. v. Allegro Resorts Mgmt. Serv., 734 So. 2d 576, 577 (Fla. 3d DCA 1999). See also Bombardier Capital, Inc. v. Progressive Mktg. Group, Inc., 801 So. 2d 131, 134 (Fla. 4th DCA 2001)(“Fo-rum selection clauses are presumptively valid and should be enforced in the absence of a showing that enforcemen…
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WEG Industrias, S.A. v. Compania de Seguros Generales Granai, 937 So. 2d 248 (Fla. 3d DCA 2006)…dismiss on forum non grounds. See e.g., Thomas v. Thomas, 724 So. 2d 1246, 1248 (Fla. 4th DCA 1999)(citing McCubbins and Fla. [*252] R.App. P. 9.130(a)(3)(A) without explanation); Four Star Resorts Bahamas, Ltd. v. Allegro Resorts Mgmt. Serv., Ltd., 734 So. 2d 576, 576 (Fla. 3d DCA 1999)(citing Fla. R.App. P. 9.130(a)(3)(A) as well as Thomas and McCubbins without explanation); Am. Boxing & Ath. Ass’n v. Young, 911 So. 2d 862, 863 n. 1 (Fla. 2d DCA 2005)(citing Fla. R.App. P. 9.130(a)(3)(A) without explanation…
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Four Star Resorts Bahamas, Ltd. v. Allegro Resorts Mgmt. Servs., Ltd., 811 So. 2d 809 (Fla. 3d DCA 2002)…ervices rendered. Four Star filed a Motion to Dismiss for Lack of Personal Jurisdiction and for Forum Non Conve-niens. The motion was denied. Four Star filed an appeal. In Four Star Resorts Bahamas, Ltd. v. Allegro Resorts Management Services, Ltd., 734 So. 2d 576 (Fla. 3d DCA 1999), this Court affirmed the denial of the motion to dismiss as to forum non conveniens and declined to hear Four Star’s challenge to personal jurisdiction as that issue was not properly before the Court. After the trial court entered…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Producers Supply, Inc. v. Harz, 6 So. 2d 375 (Fla. 1942)
- C.R. McRAE v. J.D./M.D., Inc., 511 So. 2d 540 (Fla. 1987)
- S. Ry. Co. v. McCUBBINS, 196 So. 2d 512 (Fla. 3d DCA 1967)
- Posey v. State, 487 So. 2d 429 (Fla. 5th DCA 1986)
- Thomas v. Thomas, 724 So. 2d 1246 (Fla. 4th DCA 1999)