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Florida Fifth DCA reverses trial court order which denied class action defendant’s motion to dismiss for improper venue, finds that mandatory forum selection clause of defendant’s membership agreements was enforceable

On April 29, 2019, in Gold Crown Resort Marketing v, Philpotts, No. 5D18-840, the Florida Fifth reversed a trial court order which had denied a class action defendant’s motion to dismiss for improper venue. The Fifth DCA concluded that the forum selection clause of the defendant’s membership agreements was enforceable notwithstanding the fact that the clause did not identify the specific jurisdiction but just referred generally to the "registered locale of the Affiliate." The Fifth DCA explained that this did not create a fatal ambiguity because the jurisdiction was readily determined by the looking at the first line of the agreement which provided the location of the specific affiliate.

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