Pozo v. Roadhouse Grill, Inc.

790 So. 2d 1255 (2001)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Pozo v. Roadhouse Grill, Inc.

Florida District Court of Appeal
790 So. 2d 1255 (2001)

Facts

Eric Shine filed a workers’-compensation lawsuit against Roadhouse North Miami, Inc. (RNM) and Roadhouse Grill, Inc. (Roadhouse) (defendant) in Dade County, Florida. Roadhouse and RNM were distinct legal entities. RNM had a workers’ compensation and employer liability insurance contract with Humana Workers’ Compensation Services (Humana) (plaintiff), a foreign corporation, that contained a forum-selection clause in favor of Orange County, Florida. Pursuant to the insurance contract, Humana hired Rafael Pozo (plaintiff) to defend both RNM and Roadhouse against Shine’s lawsuit. During the proceedings, Shine’s claim against RNM was dismissed, and Humana withdrew its defense of Roadhouse after receiving a declaratory judgment that Humana was not contractually required to defend or indemnify Roadhouse. Roadhouse ultimately reached a settlement with Shine. Roadhouse then sued Humana and Pozo, alleging that Pozo negligently represented Roadhouse, and that Pozo and Humana conspired to Roadhouse’s detriment. Roadhouse filed its claim in Orange County, alleging that Orange County was an appropriate venue because (1) Humana was authorized to do business in Orange County; (2) Pozo, as a Florida attorney, was authorized to practice law in Orange County; and (3) the forum-selection clause in RNM’s insurance contract with Humana favored Orange County. Pozo moved to dismiss or transfer venue, arguing that (a) the forum-selection clause was inapplicable because Roadhouse and Pozo were non-signatories; and (b) Roadhouse failed to meet its burden of proof to support its choice-of-venue because Roadhouse failed to establish either Pozo’s or Roadhouse’s county-of-residence. The trial court denied Pozo’s motion. Pozo appealed.

Rule of Law

Issue

Holding and Reasoning (Pleus, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 733,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 733,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 733,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership