MARTIN LUSTGARTEN ACHERMAN
v.
HISCOX INSURANCE SERVICES (GUERNSEY) LIMITED, ETC.
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Courts may enforce a valid forum selection clause when the parties have freely and voluntarily chosen a different forum and there is a significant nexus between the claims and the agreement.
[1] A valid forum selection clause will be enforced where the parties have made a free and voluntary choice of forum and there is a significant and obvious nexus between the…
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Join FLexlaw to unlock all legal intelligence“'[C]ourts possess discretion to decline to exercise jurisdiction in recognition of the parties' free and voluntary choice of a different forum.'”
Principle establishing judicial authority to enforce forum selection clauses
Martin Lustgarten Acherman appealed a circuit court decision regarding a dispute with Hiscox Insurance Services (Guernsey) Limited and related parties…
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PER CURIAM.
Affirmed. Manrique v. Fabbri, 493 So. 2d 437, 440 (Fla. 1986) (“‘[C]ourts possess discretion to decline to exercise jurisdiction in recognition of the parties’ free and voluntary choice of a different forum.’” (quoting Smith, Valentino & Smith, Inc. v. Superior Court of Los Angeles County, 17 Cal. 3d 491, 495 (1976))); Farmers Grp., Inc. v. Madio & Co., Inc., 869 So. 2d 581, 582 (Fla. 4th DCA 2004) (stating the court will “not preclude enforcement of an otherwise valid forum selection clause where . . . there is a significant and obvious nexus between the claim and the Agreement”); World Vacation Travel, S.A., de C.V. v. Brooker, 799 So. 2d 410, 412 (Fla. 3d DCA 2001) (enforcing a forum selection clause where the appellees claims were not severable from the agreement, and the claims arose solely out of the agreement).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Manrique v. Giorgio Fabbri, 493 So. 2d 437 (Fla. 1986)
- World Vacation Travel, S.A. v. Brooker, 799 So. 2d 410 (Fla. 3d DCA 2001)
- Farmers Grp., Inc. v. Madio & Co., Inc., 869 So. 2d 581 (Fla. 4th DCA 2004)