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.