TYRONE HATCHER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Dore v. Roten, 911 So. 2d 218 (Fla. 2d DCA 2005)
  …different courts, there could be different results based on the same conduct. For these reasons, the circuit court correctly declined to enforce the venue provision in the release. See Miller & Solomon Gen. Contractors, Inc. v. Brennan’s Glass Co., 837 So. 2d 1182, 1184 (Fla. 4th DCA 2003); Carlson-Southeast Corp. v. Geolithic, Inc., 530 So. 2d 1069, 1072 (Fla. 1st DCA 1988); Girdley Constr. Co. v. Architectural Exteriors, Inc., 517 So. 2d 137 (Fla. 5th DCA 1987). In any event, as we have held in our opinion…
• Venus Concept USA, Inc. v. THE Angelic Body, LLC, 362 So. 3d 258 (Fla. 2d DCA 2023)
  …nus. However, courts have "recognize[d] that a plaintiff should not be permitted to thwart a venue provision in a contract by joining a contract claim with a separate cause of action." Miller & Solomon Gen. Contractors, Inc. v. Brennan's Glass Co., 837 So. 2d 1182, 1184 (Fla. 4th DCA 2003) (acknowledging a forum selection clause cannot be thwarted by joining causes of action that would undo the intent of the provision (citing Intercapital, 683 So. 2d at 532)); see also, e.g., Copacabana Recs., Inc. v. WEA Lat…
• Se. Concrete Constructors v. W. Sur. Co., 331 So. 3d 763 (Fla. 2d DCA 2021)
  …the [s]ubcontractor's cause of action is based on the surety bond, the venue selection clause in the subcontract will control the cause of action only if it is read into the surety bond."); Miller & Solomon Gen. Contractors v. Brennan's Glass Co., 837 So. 2d 1182, 1183 (Fla. 4th DCA 2003) ("The venue provision in the subcontract, here, does not apply to the claim on the bond."); Chapman v. Sovran Constr. Co., 709 So. 2d 616, 616 (Fla. 5th DCA 1998) (holding that although the subcontract contained a choice of…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)
• Maddox v. State, 760 So. 2d 89 (Fla. 2000)
• Leonard v. State, 760 So. 2d 114 (Fla. 2000)
• Garrett v. State, 788 So. 2d 328 (Fla. 4th DCA 2001)