AQUA SUN MANAGEMENT, INC., ETC., APPELLANT,
v.
DIVI TIME LIMITED, ETC., APPELLEE
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PER CURIAM.
Aqua Sun Management, Inc. (Aqua) appeals the trial court’s refusal to transfer Divi Time Limited, Inc.’s (Divi) action against it to the United States District Court for the Middle District of Florida, Orlando Division. The parties had agreed to that forum selection in an earlier stipulation filed in the-federal court.
Divi contends that the federal court lacks subject matter jurisdiction of its action against Aqua, but that contention is premature and requires determination by the federal court. As a general principle, a trial court must honor a mandatory forum selection clause in a contract in the absence of a showing that the clause is unreasonable or unjust. Management Computer Controls, Inc. v. Charles Perry Const., Inc., 743 So. 2d 627, 631 (Fla. 1st DCA 1999).
The trial court’s order is vacated and the matter remanded with instructions to transfer the action in accordance with the parties’ earlier stipulation selecting the United States District Court for the Middle District of Florida, Orlando Division, in which to litigate their controversy.
ORDER VACATED; REMANDED.
SHARP, W., PETERSON and ORFINGER, R. B., JJ., concur.
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Golden Palm Hospitality, Inc. v. Stearns Bank Nat'l Ass'n, 874 So. 2d 1231 (Fla. 5th DCA 2004)…ause is enforceable and binding on the parties to make Minnesota the proper forum for the underlying cause of action. This necessarily depends on whether the clause is permissive or mandatory. See Shoppes Ltd.; Aqua Sun Mgmt, Inc. v. Divi Time Ltd., 797 So. 2d 24, 24-25 (Fla. 5th DCA 2001) (“As a general principle, a trial court must honor a mandatory forum selection clause in a contract in the absence of a showing that the clause is unreasonable or unjust.”) (citing Management Computer Controls); see also G…
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Travel Express Inv. Inc. v. AT & T Corp., 14 So. 3d 1224 (Fla. 5th DCA 2009)…Palm Hospitality, 874 So. 2d at 1236. “As a general principle, a trial court must honor a mandatory forum selection clause in a contract in the absence of a showing that the clause is unreasonable or unjust.” Aqua Sun Mgmt., Inc. v. Divi Time Ltd., 797 So. 2d 24, 24-25 (Fla. 5th DCA 2001) (citing Mgmt. Computer Controls, Inc. v. Charles Perry Constr., Inc., 743 So. 2d 627, 631 (Fla. 1st DCA 1999)); see also Texas Auto Mart, 979 So. 2d at 362 (“If a venue selection clause unambiguously mandates that litigati…
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Turnkey Projects Resources v. Amr T. Gawad, 198 So. 3d 1029 (Fla. 5th DCA 2016)…to Camber’s alleged non-performance of its contractual obligations (Counts I — III) or the alleged fraudulént misrepresentations made to induce Appellants to enter into the aforesaid agreements (Count IV). See Aqua Sun Mgmt., Inc. v. Divi Time Ltd., 797 So. 2d 24, 24-25 (Fla. 5th DCA 2001) (“As a general principle, a trial court must honor a mandatory forum selection clause in a contract in the absence of a showing that the clause is unreasonable' or unjust.”); see also McDonald v. Amacore Grp., Inc., No. A-…
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- Mgmt. Computer Controls, Inc. v. Charles Perry Constr., Inc., 743 So. 2d 627 (Fla. 1st DCA 1999)