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Hellfest Prods. v. Immortal Warrior Prods., Inc.

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jan 12, 2021
308 So. 3d 1143 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 5D20-1293

01-12-2021

HELLFEST PRODUCTIONS, Appellant, v. IMMORTAL WARRIOR PRODUCTIONS, INC., Appellee.

Hala Sandridge, Blake J. Delaney, and Chance Lyman, of Buchanan Ingersoll & Rooney PC, Tampa, for Appellant. Hugh M. Palmer, Winter Park, and Joseph A. Camardo, Jr., of Camardo Law Firm, P.C., Auburn, NY, for Appellee.


Hala Sandridge, Blake J. Delaney, and Chance Lyman, of Buchanan Ingersoll & Rooney PC, Tampa, for Appellant.

Hugh M. Palmer, Winter Park, and Joseph A. Camardo, Jr., of Camardo Law Firm, P.C., Auburn, NY, for Appellee.

PER CURIAM.

AFFIRMED. See Manrique v. Fabbri , 493 So. 2d 437, 440 (Fla. 1986) (holding that "forum selection clauses should be enforced in the absence of a showing that enforcement would be unreasonable or unjust"); Corsec, S.L. v. VMC Int'l Franchising, LLC , 909 So. 2d 945, 947 (Fla. 3d DCA 2005) (noting that " ‘the test of unreasonableness [in the enforcement of a forum selection clause] is not mere inconvenience or additional expense,’ rather it is the equivalent of no forum at all" (quoting Manrique , 493 So. 2d at 440 n.4 )); see also Desai Patel Sharma, Ltd. v. Don Bell Indus., Inc. , 729 So. 2d 453, 454 (Fla. 5th DCA 1999) ("Personal jurisdiction, unlike subject matter jurisdiction, may be conferred by agreement," and "[w]hen such forum-selection provisions have been obtained through ‘freely negotiated’ agreements and are not ‘unreasonable and unjust,’ ... their enforcement does not offend due process." (quoting Burger King Corp. v. Rudzewicz , 471 U.S. 462, 472 n.14, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985) )).

EVANDER, C.J., LAMBERT and EISNAUGLE, JJ., concur.


Summaries of

Hellfest Prods. v. Immortal Warrior Prods., Inc.

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jan 12, 2021
308 So. 3d 1143 (Fla. Dist. Ct. App. 2021)
Case details for

Hellfest Prods. v. Immortal Warrior Prods., Inc.

Case Details

Full title:HELLFEST PRODUCTIONS, Appellant, v. IMMORTAL WARRIOR PRODUCTIONS, INC.…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jan 12, 2021

Citations

308 So. 3d 1143 (Fla. Dist. Ct. App. 2021)