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Girdley Construction Co. v. Architectural Exteriors, Inc.

District Court of Appeal of Florida, Fifth District
Dec 31, 1987
517 So. 2d 137 (Fla. Dist. Ct. App. 1987)

Summary

holding a forum selection provision should not be enforced when a transfer of venue would result in multiple suits and splitting causes of action

Summary of this case from Love's Window & Door Installation, Inc. v. Acousti Eng'g Co.

Opinion

No. 87-922.

December 31, 1987.

Non-final appeal from the Circuit Court for Volusia County; Uriel Blount, Jr., Judge.

William E. Ruffier of Sanders, McEwan, Mims Martinez, P.A., Orlando, for appellants/cross-appellees.

Daniel J. Webster of Dunn, Smith Withers, Daytona Beach, for appellee/cross-appellant.


This issue below was whether venue of one portion of an action by Architectural Exteriors, Inc. against Girdley Construction Co., Inc. should be transferred from Volusia County to Orange County based upon a contractual provision between the parties. In the instant case, such a transfer would result in multiple suits and a splitting of causes of action. Therefore, the provision should not be enforced. See Interval Marketing Associates, Inc. v. Sea Club Ass's IV, Ltd., 468 So.2d 262 (Fla. 2d DCA 1985). The timeliness of the motion was not challenged or considered below.

The order is reversed.

REVERSED.

DAUKSCH, COBB and SHARP, JJ., concur.


Summaries of

Girdley Construction Co. v. Architectural Exteriors, Inc.

District Court of Appeal of Florida, Fifth District
Dec 31, 1987
517 So. 2d 137 (Fla. Dist. Ct. App. 1987)

holding a forum selection provision should not be enforced when a transfer of venue would result in multiple suits and splitting causes of action

Summary of this case from Love's Window & Door Installation, Inc. v. Acousti Eng'g Co.

holding a forum selection provision should not be enforced when a transfer of venue would result in multiple suits and splitting causes of action

Summary of this case from Love's Window & Door Installation, Inc. v. Acousti Eng'g Co.

holding that even though parties agreed venue would lie in Orange county as to one count, venue provision should not be enforced since transferring venue as to that count would result in splitting of causes of action

Summary of this case from Miller & Solomon General Contractors, Inc. v. Brennan's Glass Co.
Case details for

Girdley Construction Co. v. Architectural Exteriors, Inc.

Case Details

Full title:GIRDLEY CONSTRUCTION COMPANY AND SEABOARD SURETY COMPANY…

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 31, 1987

Citations

517 So. 2d 137 (Fla. Dist. Ct. App. 1987)

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Southern Landmark v. Newsom Brothers

PER CURIAM. AFFIRMED. Girdley Construction Co. v. Architectural Exteriors, Inc., 517 So.2d 137 (Fla. 5th DCA…