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Chunn v. McMillan

District Court of Appeal of Florida, First District
May 2, 2006
929 So. 2d 597 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D05-6028.

May 2, 2006.

Appeal from the Circuit Court, Wakulla County, N. Sanders Sauls, J.

Douglas D. Chunn of Douglas D. Chunn, P.A., Jacksonville, for Appellant.

D. Andrew Byrne of Cooper Byrne, PLLC, Tallahassee, for Appellees.


We reverse the trial court's order denying the appellant's motion to dismiss, abate, or transfer venue. The "Purchase Sale Agreement," which expressly governs the escrow transaction that is the subject of this litigation, contains a mandatory venue selection clause indicating that any litigation arising out of the agreement must be brought in Duval County, Florida. The trial court erred in not honoring this venue selection clause. Mgmt. Computer Controls, Inc. v. Charles Perry Constr., Inc., 743 So.2d 627, 631 (Fla. 1st DCA 1999). Accordingly, we reverse and remand for further proceedings consistent herewith.

REVERSED and REMANDED.

BARFIELD, DAVIS, and PADOVANO, JJ., concur.


Summaries of

Chunn v. McMillan

District Court of Appeal of Florida, First District
May 2, 2006
929 So. 2d 597 (Fla. Dist. Ct. App. 2006)
Case details for

Chunn v. McMillan

Case Details

Full title:Douglas D. CHUNN, P.A., Appellant, v. Jean B. McMILLAN, Finley L. McMillan…

Court:District Court of Appeal of Florida, First District

Date published: May 2, 2006

Citations

929 So. 2d 597 (Fla. Dist. Ct. App. 2006)