HELLFEST PRODUCTIONS

v.

IMMORTAL WARRIOR PRODUCTIONS, INC.

Fla. 5th DCA | 2021-01-12

No. 20-1293

Recksiedler, J., Evander, C.J., Lambert, J., Eisnaugle, J.

Florida District Court of Appeal, Fifth District (2021)

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Holding

Forum selection clauses are enforceable when obtained through freely negotiated agreements and are not unreasonable and unjust.

Headnotes

[1] Forum selection clauses obtained through freely negotiated agreements are enforceable unless enforcement would be unreasonable or unjust, and personal jurisdiction may be…

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Key Quotes

“forum selection clauses should be enforced in the absence of a showing that enforcement would be unreasonable or unjust”
Manrique v. Fabbri, 493 So. 2d 437, 440 (Fla. 1986)

Facts & Procedural History

Hellfest Productions and Immortal Warrior Productions, Inc. were parties to an agreement containing a forum selection clause. The trial court enforced…

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Topics

Forum Selection Clause

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Opinion of the Court

Evander

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

HELLFEST PRODUCTIONS, Case No. 5D20-1293 Appellant, v. IMMORTAL WARRIOR PRODUCTIONS, INC., Appellee. ________________________________/ Opinion filed January 12, 2021 Nonfinal Appeal from the Circuit Court for Seminole County, Jessica J. Recksiedler, Judge. Hala Sandridge, Blake J. Delaney, and Chance Lyman, of Buchanan Ingersoll & Rooney PC, Tampa, for Appellant. Hugh M. Palmer, Winter Park, and Joseph

A. Camardo, Jr., of Camardo Law Firm,

P.C., Auburn, NY, for Appellee.

PER CURIAM.

AFFIRMED. See Manrique v. Fabbri, 493 So. 2d 437, 440 (Fla. 1986) (holding that “forum selection clauses should be enforced in the absence of a showing that enforcement would be unreasonable or unjust”); Corsec, S.L. v. VMC Int’l Franchising, LLC, 909 So. 2d 945, 947 (Fla. 3d DCA 2005) (noting that “‘the test of unreasonableness

Footnotes

2 [in the enforcement of a forum selection clause] is not mere inconvenience or additional expense,’ rather it is the equivalent of no forum at all” (quoting Manrique, 493 So. 2d at 440 n.4)); see also Desai Patel Sharma, Ltd. v. Don Bell Indus., Inc., 729 So. 2d 453, 454 (Fla. 5th DCA 1999) (“Personal jurisdiction, unlike subject matter jurisdiction, may be conferred by agreement,” and “[w]hen such forum-selection provisions have been obtained through ‘freely negotiated’ agreements and are not ‘unreasonable and unjust,’ . . . their enforcement does not offend due process.” (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 n.14 (1985))). EVANDER, C.J., LAMBERT and EISNAUGLE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Authorities Cited

Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. 1985)
Manrique v. Giorgio Fabbri, 493 So. 2d 437 (Fla. 1986)
Costa T. Vathis v. State, 729 So. 2d 453 (Fla. 1st DCA 1999)
Corsec v. VMC Int'l Franchising, LLC, 909 So. 2d 945 (Fla. 3d DCA 2005)

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HELLFEST PRODUCTIONS v. IMMORTAL WARRIOR PRODUCTIONS, INC.