ULDIS CELMINS, APPELLANT,
v.
AMERICA ON LINE AND STEVEN CASE, IN BOTH OFFICIAL AND NONOFFICIAL CAPACITY, APPELLEES
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PER CURIAM.
Uldis Celmins appeals the order of the trial court which granted the motion to dismiss filed by America On Line (AOL) and Steven Case. We affirm.
Although Celmins argues that the forum selection clause contained in his contract with AOL should not be enforced, we find that this clause does not result in unequal bargaining power and was not unreasonable. See Manrique v. Fabbri, 493 So. 2d 437, 440 (Fla.1986). Therefore, we conclude that the trial court properly dismissed for lack of venue. We also conclude that the trial court was correct in dismissing the complaint for failure to state a cause of action. Further, because we find that Celmins failed to plead a basis for personal jurisdiction over Case, we concur with the trial court’s dismissal for lack of personal jurisdiction over Case. See Taylor Forge Int’l, Inc. v. Specialty Maintenance & Constr., Inc., 685 So. 2d 1360, 1361 (Fla. 2d DCA 1996).
Affirmed.
PARKER, C.J., and NORTHCUTT, J., and SCHEB, JOHN M., (Senior) Judge, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Am. Online, Inc. v. Hampton G. Booker, 781 So. 2d 423 (Fla. 3d DCA 2001)…of a putative class. Accordingly, we find the choice of forum clause valid and enforceable. Parties have the right to control their litigation destinies by bargaining for the ability to litigate in a specific forum. See Celmins v. America On Line, 748 So. 2d 1041 (Fla. 2d DCA 1999). The order below is reversed and the case is remanded with instructions to grant AOL’s motion to dismiss for improper venue. In view of our resolution on the venue issue, the remaining points on appeal have been rendered moot and…
Authorities Cited
- Manrique v. Giorgio Fabbri, 493 So. 2d 437 (Fla. 1986)
- Taylor Forge Int'l, Inc. v. Specialty Maint. & Constr., Inc., 685 So. 2d 1360 (Fla. 2d DCA 1996)