LARRY LEATHERWOOD, APPELLANT,
v.
CARDSERVICE INTERNATIONAL, INC., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a click agreement was valid and enforceable, establishing venue in California as per its terms. However, dismissals for improper venue must be without prejudice.
Appellant entered into an online Merchant Agreement with appellee, agreeing to terms by clicking 'I accept' and guaranteeing payment. The agreement st…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Dismissal Without Prejudice cases and more on FLexlaw
PER CURIAM.
In Leatherwood v. Cardservice International, Inc., 885 So. 2d 997 (Fla. 4th DCA 2004), this court reversed and remanded the decision of the trial court to dismiss appellant, Larry Leatherwood’s, complaint for improper venue. Issues of fact were raised which required an evidentiary hearing.
On remand, a hearing was held by the trial court on appellee, Cardservice International, Inc.’s, motion to dismiss for improper venue. Upon the evidence presented, the trial court properly found that appellant entered into -a Merchant Agreement with appellee on the Internet. Appellant entered into the contract-by clicking on “I accept” and guarantying payment personally. Such “click agreements” have been found to be valid and enforceable. See Siedle v. Nat’l Ass’n of Sec. Dealers, 248 F. Supp. 2d 1140, 1143 (M.D.Fla.2002). Pursuant to the venue provision of the Merchant Agreement, venue for any action thereon is in California. The trial court properly dismissed the complaint.
Appellant also argues and appellee concedes that the trial court erred in dismissing appellant’s complaint with prejudice. Dismissals for improper venue are without prejudice. Smith v. St. Vil, 714 So. 2d 603, 605 (Fla. 4th DCA 1998). We reverse and remand for the entry of a dismissal without prejudice.
Reversed and Remanded.
WARNER, GROSS and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Total Quality Logistics, LLC v. Trade Link Cap., Inc. (Fla. 3d DCA 2024)
Authorities Cited
- Smith v. ST. VIL, 714 So. 2d 603 (Fla. 4th DCA 1998)
- Leatherwood v. Cardservice Int'l, Inc., 885 So. 2d 997 (Fla. 4th DCA 2004)
- Seidle v. Nat'l Ass'n of Sec. Dealers, Inc., 248 F. Supp. 2d 1140 (M.D. Fla. 2003)