Legal Opinion · Dissent

Druhill Constr., Inc. v. Rsh Constructors, Inc.

District Court of Appeal of Florida

Decided January 14, 1988No. 87-803Published

1DissentSmith, Chief Judge

I would find no showing of abuse of discretion by the trial court in ruling that the venue provision found in the contract between Reflectone and Druhill is not binding with respect to disputes between Dru-hill and RSH arising under their separate contract. There is no language in the Druhill/RSH contract specifically incorporating the venue provision, nor is there a general “incorporation by reference clause” that clearly manifests an intent to bind RSH to the venue provision in the Reflectone contract. I would hold that it was not clearly erroneous for the trial court to view Article 16.2…

2Cases cited3 opinions

  1. Frank J. Rooney, Inc. v. Charles W. Ackerman of Fla., Inc.District Court of Appeal of Florida · 1969
  2. Marthame Sanders & Co. v. 400 West Madison Corp.District Court of Appeal of Florida · 1981
  3. Charles W. Ackerman of Florida, Inc. v. Frank J. Rooney, Inc.Supreme Court of Florida · 1969

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