Russomano v. Maresca
Florida District Court of Appeal
220 So. 3d 1269 (2017)
- Written by Liz Nakamura, JD
Facts
Cynthia Russomano (plaintiff) and Joseph Maresca (defendant) entered into an operating agreement to operate a gym in Palm Beach County, Florida, as JEM Palm Beach LLC (JEM). The operating agreement stated that performance of the operating agreement would occur in Palm Beach County; however, the agreement also contained a forum-selection clause stating that any legal action arising out of the operating agreement must be brought in Lee County, Florida. Three years later, Russomano sued Maresca and JEM in Palm Beach County, Florida, for violating the operating agreement. Maresca and JEM moved to dismiss based on the forum-selection clause, arguing that venue was improper because Russomano had filed her action in Palm Beach County rather than in Lee County. The trial court agreed and dismissed the action. Russomano appealed, arguing that her action should have been transferred to Lee County instead of being dismissed.
Rule of Law
Issue
Holding and Reasoning (Gross, J.)
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