From Casetext: Smarter Legal Research

Copelco Leasing Corp. v. Besi Photo Shop, Inc.

District Court of Appeal of Florida, Fourth District
Aug 21, 1996
678 So. 2d 17 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-3370.

August 21, 1996.

Appeal from the Seventeenth Judicial Circuit, Broward County, Harry G. Hinckley, Jr., J.

Eric B. Zwiebel, Fort Lauderdale, for appellant.

Victor C. Aslanian of Aslanian Aslanian, Fort Lauderdale, for appellees.


This is an appeal of a sua sponte order vacating a summary final judgment. The trial court based its ruling on the erroneous conclusion that it lacked subject matter jurisdiction due to a "venue selection" clause in an equipment lease. We reverse and remand to the trial court to reinstate the summary final judgment. A forum selection clause does not oust a court of its jurisdiction; it merely provides a court with a reason to refrain from exercising its jurisdiction. Manrique v. Fabbri, 493 So.2d 437, 440 (Fla. 1986); see M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 92 S.Ct. 1907, 32 L.Ed.2d 513 (1972). Appellees waived any objection to the case being heard in Florida where they submitted to the court's jurisdiction by admitting in their answer that Broward County was the appropriate venue. See Cumberland Software, Inc. v. Great American Mortgage Corp., 507 So.2d 794, 795 (Fla. 4th DCA 1987).

REVERSED AND REMANDED.

WARNER and GROSS, JJ., and HAUSER, JAMES C., Associate Judge, concur.


Summaries of

Copelco Leasing Corp. v. Besi Photo Shop, Inc.

District Court of Appeal of Florida, Fourth District
Aug 21, 1996
678 So. 2d 17 (Fla. Dist. Ct. App. 1996)
Case details for

Copelco Leasing Corp. v. Besi Photo Shop, Inc.

Case Details

Full title:COPELCO LEASING CORPORATION, A NEW JERSEY CORPORATION, APPELLANT, v. BESI…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 21, 1996

Citations

678 So. 2d 17 (Fla. Dist. Ct. App. 1996)

Citing Cases

Marine Environmental Part. v. Johnson

While venue selection clauses are valid, Friedman v. Am. Guardian Warranty Servs., Inc., 837 So.2d 1165 (Fla.…

Bank of America v. Lane

Ultimately, the trial court correctly concluded the forum selection clause in the contract did not deprive…