TIMOTHY BLACK, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Bland v. Green Acres Grp., L.L.C., 12 So. 3d 822 (Fla. 4th DCA 2009)
  …selection clause, an arbitration clause "constitutes a prospective choice of forum.” Global Travel Mktg., Inc. v. Shea, 908 So. 2d 392, 403 (Fla. 2005). Forum selection clauses may be waived. See, e.g., Three Seas Corp. v. FFE Transp. Servs., Inc., 913 So. 2d 72, 75 (Fla. 3d DCA 2005) (Texas forum selection clause waived by failure to raise in defensive motion or answer, though contract containing selection clause an exhibit to complaint). As the Fifth District Court of Appeal noted, this court’s decision i…
• Roach v. Totalbank, 85 So. 3d 574 (Fla. 4th DCA 2012)
  …h particularity” the bases for those defenses. As the trial court found, the guarantors waived those defenses. The trial court properly exercised its discretion and struck those affirmative defenses. Cf. Three Seas Corp. v. FFE Transp. Servs., Inc., 913 So. 2d 72, 74-75 (Fla. 3d DCA 2005) (finding the affirmative defense of improper venue waived). The guarantors next argue the trial court erred in granting summary judgment where there was conflicting material evidence as to whether the lender and borrower o…
• Tex. Auto Mart, Inc. v. Thrifty Rent-A-Car Sys. Inc., 979 So. 2d 360 (Fla. 5th DCA 2008)
  …it is reversible error for the trial court to ignore the clause. See Ware Else, Inc. v. Ofstein, 856 So. 2d 1079, 1081 (Fla. 5th DCA 2003). However, contractual venue selection clauses can be waived. See Three Seas Corp. v. FFE Transp. Servs., Inc., 913 So. 2d 72, 74-75 (Fla. 3d DCA 2005); Fla. R. Civ. P. 1.140. Waiver is “defined as the voluntary and intentional relinquishment of a known right or conduct which implies the voluntary and intentional relinquishment of a known right.” Raymond James Fin. Servs.,…