Legal Opinion

Miami Elevator Co. v. Winewood Park Ltd. Partnership

District Court of Appeal of Florida

Decided February 2, 2000No. 3D99-2347Published

1Per curiam

Miami Elevator Company appeals from a non-final order granting Winewood Park Limited Partnership’s, (Winewood) motion to transfer venue in this breach of contract action. We conclude that the contract’s venue selection clause, wherein Winewood agreed to venue for “any proceeding or lawsuit ... in Dade County ... or in any other county of Miami Elevator Company’s choice,” is clear and dispositive of the venue issue under consideration. Miami Elevator Company’s decision to file suit in Dade County was within its rights, as per the terms of the contract. See Producers Supply v. Harz, 149 Fla.…

2Cases cited3 opinions

  1. Producers Supply, Inc. v. HarzSupreme Court of Florida · 1942
  2. Honea v. WALKER CHEM & EXTERMINATINGDistrict Court of Appeal of Florida · 1981
  3. Hallmark Industries, Inc. v. Scarborough Chemicals, Inc.District Court of Appeal of Florida · 1982

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