Opinion
Case No. 2D02-1071.
Opinion filed March 28, 2003.
Appeal from the Circuit Court for Hillsborough County; Ralph Steinberg, Judge.
Curtis J. Mase and Beverly D. Eisenstadt of Mase Gassenheimer, P.A., Miami, for Appellant.
Roger Vaughan, III, of Wagner, Vaughan McLaughlin, P.A., and Raymond T. Elligett, Jr. of Schropp, Buell Elligett, P.A., Tampa, for Appellees.
This case presents the same issue we recently decided in Norwegian Cruise Line, Ltd. v. Clark, No. 2D02-945 (Fla. 2d DCA Mar. 7, 2003), where the trial court denied transfer of venue based on a forum selection clause in a form cruise ticket contract. In Norwegian, we joined the majority of jurisdictions to find that such clause is enforceable, despite the fact that the passengers only had a short time to reject the form ticket contract if the venue provision had been objectionable to them, but took the cruise nevertheless. The facts of this case do not distinguish it from Norwegian. Therefore, we reverse with instructions to transfer this case to the venue specified in the cruise ticket contract.
Reversed and remanded with instructions.
ALTENBERND, C.J., and KELLY, J., Concur.