Everything a Florida Trial Lawyer Needs to Know About Forum Selection Clauses & Personal Jurisdiction in 4 Easy Cases
Are you involved in a trial where personal jurisdiction of a non-Florida resident is at issue and there is a forum selection clause? Or a venue clause or governing law clause in the Florida contract?
Contract’s Forum Selection Clause
- A Florida contract had a governing law clause
- And a forum selection clause
- The Contract said: “This Agreement is made in the State of Florida and shall be interpreted in accordance with the laws of the state of Florida…”
- OK…..that’s the governing law clause which provides that Florida law applies
- Now…………..the forum selection clause:
- “Venue shall be had in Broward County, Florida and all parties agree to accept service of process by US Mail to the addresses provided above.”
- Does this language alone create personal jurisdiction over a Non-Florida Defendant? The 4th DCA says “no.”
You may wish to read the following Florida cases :
- Hamilton v. Hamilton ___________ So3d _________ (Fla. 4th DCA, July 23, 2014) Here’s the link to read the opinion for free: http://4dca.org/opinions/July%202014/07-23-14/4D14-37.op.pdf
- McRae v. J.D./M.D., Inc, 511 So 2d 540 (Fla. 1987)
- Jetbroadbank WV, LLC v. MasTec North America, Inc., 13 So. 3d 159 (Fla. 3rd DCA, 2009)
- Venetian Salami , 554 So.2d 499 (Florida, 1989)