MARTA DE LEON
v.
FIORDALIZA BUSTAMANTE
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An anti-suit injunction is properly issued against a party who initiates litigation in violation of an executed forum selection clause designating Miami-Dade County, Florida as the exclusive venue for disputes.
[1] An anti-suit injunction may be issued to enforce an executed forum selection clause requiring disputes be brought in a designated jurisdiction.
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Join FLexlaw to unlock all legal intelligenceMarta De Leon and Fiordaliza Bustamante executed an agreement containing a forum selection clause requiring that any litigation between them be brough…
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Opinion filed January 2, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-1911 Lower Tribunal No. 23-15265
________________
Marta De Leon,
Appellant,
vs.
Fiordaliza Bustamante,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge. Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellant. Legon, Fodiman & Sudduth, P.A., and William F. Rhodes, for appellee. Before LINDSEY, BOKOR and GOODEN, JJ. PER CURIAM.
Affirmed. See United Brands, S.A. v. Diageo Dominicana, S.R.L., 209
So. 3d 67, 68–9 (Fla. 3d DCA 2016) (affirming the issuance of an anti-suit injunction against the defendant who initiated litigation against the plaintiff in the Dominican Republic despite an agreement executed by the parties which stated that litigation may only be brought in Miami-Dade County, Florida);
see also Rich v. Narog, 366 So. 3d 1111, 1118 (Fla. 3d DCA 2022) (“Specifically, it is incumbent upon the nonmoving party to come forward with evidentiary material demonstrating that a genuine issue of fact exists as to an element necessary for the non-movant to prevail at trial.”).