LAKE WORTH FINANCIAL, INC.
v.
KA MASONRY, INC.
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A non-signatory to a forum selection clause may be bound by that clause where the party seeking to bind the non-signatory proves: (1) a close relationship between the non-signatory and signatory, (2) the non-signatory's interests are derivative of the signatory's, and (3) the claims arise out of the relevant agreement.
[1] A non-signatory to a forum selection clause may be bound by that clause when the party seeking to enforce it demonstrates a close relationship between the non-signatory a…
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Join FLexlaw to unlock all legal intelligence“a non-signatory may be bound by a forum selection clause where the party seeking to bind the non-signatory proves that: (1) there is a close relationship between the non-signatory and the signatory, (2) the non-signatory's interests are derivative of the signatory's, and (3) the claims involving the non-signatory arise out of the relevant agreement”
Holding on non-signatory binding to forum selection clauses
Lake Worth Financial, Inc. appealed a non-final order from Miami-Dade County Circuit Court concerning a forum selection clause dispute involving KA Ma…
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Opinion filed February 26, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-1784 Lower Tribunal No. 23-25818-CA-01
________________
Lake Worth Financial, Inc.,
Appellant,
vs.
KA Masonry, Inc., et al.,
Appellees.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Tanya Brinkley, Judge. The Law Offices of Eddy O. Marban, and Edilberto Marban, for appellant. Shumaker, Loop & Kendrick, LLP, and Brian W. Schaffnit and Duane A. Daiker (Tampa), for appellee KA Masonry, Inc. Before LINDSEY, LOBREE and BOKOR, JJ. PER CURIAM. Affirmed. See E. Coast Karate Studios, Inc. v. Lifestyle Martial Arts, LLC, 65 So. 3d 1127, 1129–30 (Fla. 4th DCA 2011) (holding that a nonsignatory may be bound by a forum selection clause where the party seeking to bind the non-signatory proves that: (1) there is a close relationship between the non-signatory and the signatory, (2) the non-signatory’s interests are derivative of the signatory’s, and (3) the claims involving the non-signatory arise out of the relevant agreement); see also Zoberg v. Hu, 359 So. 3d 860, 862 (Fla. 3d DCA 2023) (“Where an evidentiary hearing has been conducted on a motion to transfer for improper venue, this Court will review the trial court’s factual determinations to assure they are supported by competent, substantial evidence and the trial court’s legal determinations de novo.” (citing Fla. High School Athletic Ass’n, Inc., v. Johnson, 279 So. 3d 794, 796–97 (Fla. 3d DCA 2019))).
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Royal Caribbean Cruises Ltd. v. Ean-Hui OOI, 386 So. 3d 218 (Fla. 3d DCA 2023)…bbean does not assert it was denied due process in the Australian proceedings; indeed, it does not dispute the findings of the Australian Court in this appeal. evidentiary hearing was necessary.3 Florida High Sch. Athletic Ass’n, Inc. v. Johnson, 279 So. 3d 794, 796 (Fla. 3d DCA 2019) (quoting Tobin v. A&F Eng'g, 979 So. 2d 967, 968 (Fla. 3d DCA 2008) (“‘[W]hen a trial court is presented with a motion to transfer venue based on the impropriety of the plaintiff's venue selection, the defendant is arguing th…
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Pena v. Rincon (Fla. 3d DCA 2021)…he final judgment, each of the trial court’s factual findings specifically references the portion of the trial record that supports the finding. We review a trial court’s legal conclusions de novo. See Fla. High School Athletic Ass’n v. Johnson, 279 So. 3d 794, 796-97 (Fla. 3d DCA 2019). Our review reveals no legal error. Specifically, based on the facts it found, the trial court correctly concluded that a contract to divide the commercial property equally between Pena and Rincon was formed; the quit…
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Zoberg v. HU (Fla. 3d DCA 2023)…per venue, this Court will review the trial court’s factual determinations to assure they are supported by competent, substantial evidence and the trial court’s legal determinations de novo. See Fla. High School Athletic Ass’n, Inc., v. Johnson, 279 So. 3d 794, 796–97 (Fla. 3d DCA ---PAGE 4--- 2019). When a party moves to transfer venue based on forum non conveniens, however, absent a demonstration of abuse of discretion, “the lower court’s determination will not be overturned on appeal.” Fla. Patie…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- E. Coast Karate Studios, Inc. v. Lifestyle Martial Arts, LLC, 65 So. 3d 1127 (Fla. 4th DCA 2011)