BARCLAYS BANK, PLC, ETC., ET AL., APPELLANTS,
v.
HUMBERTO MUNOZ, APPELLEE
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The court affirmed the denial of a motion to dismiss for improper venue and inconvenient forum, holding that a forum selection clause in offshore trust documents does not apply when the plaintiff sues the Miami-based bank directly for breach of fiduciary duty rather than the Cayman Islands affiliate.
A forum selection clause in offshore trust documents does not apply to a breach of fiduciary duty claim against a Miami bank when the plaintiff did not contract with the entity named in the clause and the claim does not arise from that agreement.
[1] A forum selection clause in an agreement applies only to claims arising from that agreement and does not extend to claims against non-signatory parties based on independe…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the forum selection clause in the license agreement did not apply because the claim did not arise from the agreement, nor did it exist solely for the benefit of the parties to the agreement”
Court cited Contractor's Management Systems to support that forum selection clauses apply only to claims arising from the agreement itself.
Humberto Munoz sued Barclays Bank PLC's Miami office and an employee for breach of fiduciary duty, alleging they failed to follow his investment instr…
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PER CURIAM.
Appellants seek review of the denial of their motion to dismiss for improper venue and inconvenient forum. Although the trial court erred in its reasoning that it could not look beyond the four corners of the complaint, we agree with the result that the motion was properly denied.
Humberto Munoz sued Barclays Bank PLC (Barclays Miami) and Marilyn Moll for breach of a fiduciary relationship between them, alleging that they failed to follow his investment instructions and disregarded his stated investment objectives. The defendants have alleged that their advice was to utilize an offshore revocable trust with its affiliate, Barclays Cayman. They have then used language in that trust governing venue to argue that plaintiffs case should be filed in the Cayman Islands. Thus, they have attempted to convert a suit against Barclays Miami into a suit against Barclays Cayman. Plaintiff has not complained against Barclays Cayman, but instead against Barclays Miami, which failed to follow his investment instructions and disregarded his stated investment objectives. Consequently, the forum selection clause in the Cayman Island trust documents are not at issue here and the trial court properly denied the motion to dismiss. See Contractor’s Management Systems of NH, Inc. v. Acree Air Conditioning, Inc., 799 So. 2d 320, 321 (Fla. 2d DCA 2001) (holding that the forum selection clause in the license agreement did not apply because the claim did not arise from the agreement, nor did it exist solely for the benefit of the parties to the agreement).
Affirmed.
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Steiner Transocean Ltd. v. Milena Efremova, 109 So. 3d 871 (Fla. 3d DCA 2013)…450 So. 2d 1253 (Fla. 2d DCA 1984). . See, e.g., Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla.1989). . Kinney Sys., Inc. v. Continental Ins. Co., 674 So. 2d 86 (Fla.1996); Fla. R. App. P. 1.061. . See, e.g., Barclays Bank, PLC v. Munoz, 890 So. 2d 1252 (Fla. 3d DCA 2005); Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Nat’l Bank of Melbourne & Trust Co., 238 So. 2d 665 (Fla. 4th DCA 1970). .In fact, federal courts treat a motion to dismiss based on a forum selection clause as a question of proper…
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Middleton v. State, 95 So. 3d 385 (Fla. 3d DCA 2012)…affirming denial of Rule 3.800 motion); Middleton v. State, 901 So. 2d 134 (Fla. 3d DCA 2005) (affirming denial of Rule 3.800 motion); Middleton v. State, 900 So. 2d 770 (Fla. 3d DCA 2005) (affirming denial of Rule 3.800 motion); Middleton v. State, 890 So. 2d 1252 (Fla. 3d DCA 2005) (affirming denial of Rule 3.800 motion); Middleton v. State, 879 So. 2d 634 (Fla. 3d DCA 2004) (table) (affirming denial of Rule 3.800 motion); Middleton v. State, 844 So. 2d 807 (Fla. 3d DCA 2003) (affirming without prejudice den…
Authorities Cited
- Contractor's Mgmt. Sys. OF NH, Inc. v. Acree AIR Conditioning, Inc., 799 So. 2d 320 (Fla. 2d DCA 2001)