Legal Opinion
Wiesenberg v. Costa Crociere, S.P.A.
District Court of Appeal of Florida
Decided June 2, 2010No. 3D07-555PublishedCited by 2 opinions
1Opinion of the CourtCope, J.
This is an appeal of an order dismissing Walter Wiesenberg’s complaint for personal injuries he sustained as a passenger on a cruise ship. We affirm the dismissal order on the theory that the forum selection clause in the cruise ticket is enforceable. The lawsuit of plaintiff Wiesenberg had to be filed in federal court.
I
The trial court dismissed the case now before us on the theory that it was barred by res judicata. We respectfully disagree and conclude that there is no res judicata bar.
In December 2003, plaintiff Wiesenberg was a passenger on the Costa Crociere cruise ship Mediterránea. As…
2Cases cited6 opinions
- Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
- Allie v. IonataSupreme Court of Florida · 1987
- Leslie v. Carnival Corp.District Court of Appeal of Florida · 2008
- Leslie v. Carnival Corp.District Court of Appeal of Florida · 2009
- Carnival Corp. v. MiddletonDistrict Court of Appeal of Florida · 2006
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Royal Caribbean Cruises, Ltd. v. ClarkeDistrict Court of Appeal of Florida · 2014
- Wiesenberg v. Costa Crociere, S.P.A.District Court of Appeal of Florida · 2010