SWAROVSKI NORTH AMERICA, LTD., A RHODE ISLAND CORPORATION, AND SWAROVSKI RETAIL VENTURES LTD., INC., A RHODE ISLAND CORPORATION, APPELLANTS,
v.
HOUSE OF CHINA, CRYSTAL & SILVER, INC., A FLORIDA CORPORATION, APPELLEE
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Unambiguous mandatory forum selection clauses in contracts are presumptively valid and enforceable unless shown to be unreasonable or unjust.
Appellants, a Rhode Island manufacturer, and Appellee, a Florida retailer, entered into a contract with a clause requiring litigation in Rhode Island.…
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PER CURIAM.
This is an appeal from a non-final order denying the appellants’ motion to dismiss for improper venue.1 The motion was based on a mandatory forum selection clause contained in the contract document out of which this litigation arose. The clause required any judicial proceeding arising therefrom to be brought only in a court located in the State of Rhode Island. We reverse.
The appellant is a manufacturer and distributor of lead crystal products with its principal place of business in Rhode Island. The appellee is a Florida retailer. The two entered into a written contract which contained unambiguous forum selection provisions in which the parties agreed that any litigation arising out of the business relationship would be brought only in the state or federal court within Rhode Island. In Bombardier Capital Inc. v. Progressive Marketing Group, Inc., 801 So. 2d 131 (Fla. 4th DCA 2001), with facts very similar to the instant case, this court held that unambiguous mandatory forum selection clauses contained in contract documents are presumptively valid and should be enforced in the absence of a showing that enforcement would be unreasonable or unjust. The appellee has failed to show that the enforcement of the venue clause would be unreasonable or unjust. We, therefore, direct the trial court to enter an order dismissing the appellee’s amended complaint for improper venue.
GUNTHER, HAZOURI and MAY, JJ„ concur. . The trial court granted the appellants’ motion to dismiss two counts of the amended complaint that alleged a breach of contract. The two remaining counts involved allega tions of tortious interference with a business relationship.
Cases With Similar Vibessemantic neighbors from the corpus
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Ware Else, Inc. v. Ofstein, 856 So. 2d 1079 (Fla. 5th DCA 2003)…e, it constitutes reversible error for the trial court to fail to honor that contractual obligation. See Greenstreet Mgmt., Inc. v. Barker, 833 So. 2d 183 (Fla. 5th DCA 2002). See also Swarovski N. Am. Ltd. v. House of China, Crystal & Silver, Inc., 848 So. 2d 452 (Fla. 4th DCA 2003). We conclude that the Agreement between the parties unambiguously requires Count II to be brought in Missouri, and we disagree that the contract under consideration is not enforceable either because it is considered to be a contr…
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Farmers Grp., Inc. v. Madio & Co., Inc., 869 So. 2d 581 (Fla. 4th DCA 2004)…y forum selection clauses contained in contract documents are presumptively valid and should be enforced in the absence of a showing that enforcement would be unreasonable or unjust.” Swarovski N. Am., Ltd. v. House of China, Crystal & Silver, Inc., 848 So. 2d 452, 453 (Fla. 4th DCA 2003)(citing Bombardier Capital Inc. v. Progressive Mktg. Group, Inc., 801 So. 2d 131 (Fla. 4th DCA 2001), review denied, 828 So. 2d 388 (Fla.2002)). The trial court apparently found that the forum selection clause in the Agreeme…
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R.S.B. Ventures, Inc. v. Berlowitz, 201 So. 3d 719 (Fla. 4th DCA 2016)…permissive forum selection clause merely represents consent to jurisdiction. Garcia Granados Quinones v. Swiss Bank Corp. (Overseas), S.A., 509 So. 2d 273, 274-75 (Fla.1987) (quoting Swarovski N. Am., Ltd. v. House of China, Crystal & Silver, Inc., 848 So. 2d 452, 453 (Fla. 4th DCA 2003)). A manda [*721] tory forum selection clause is identified by “exclusive” language and “must be honored by the trial court in the absence of a showing that the clause is unreasonable or unjust.” Michaluk v. Credorax (USA), I…
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