Florida District Courts of Appeal, 2006

Chunn v. McMillan

Chunn v. McMillan
Florida District Courts of Appeal · Decided May 2, 2006 · Barfield, Davis, Padovano
929 So. 2d 597; 2006 Fla. App. LEXIS 6461; 2006 WL 1140963 (Southern Reporter, Second Series)

Chunn v. McMillan

Opinion of the Court

PER CURIAM.

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.

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