Tip Top Enterprises, Inc. v. Summit Consulting, Inc.

905 So. 2d 201 (2005)

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Tip Top Enterprises, Inc. v. Summit Consulting, Inc.

Florida District Court of Appeal
905 So. 2d 201 (2005)

Facts

Tip Top Enterprises (Tip Top) (plaintiff), a landscaping company in Miami-Dade County, Florida, had a workers’-compensation insurance policy through Summit Consulting, Inc. (Summit) (defendant). The policy contained a forum-selection clause favoring Polk County. Tip Top notified Summit that one of its workers had been injured on the job and submitted a claim under the policy. Summit denied the claim, stating that Tip Top’s policy had lapsed. Tip Top filed a breach-of-contract action against Summit in Miami-Dade County. Summit submitted an answer containing general denials and filed a motion to dismiss. Summit did not challenge Tip Top’s choice-of-venue in either its answer or its motion to dismiss. Four months later, Summit filed a motion to change venue to Polk County based on the forum-selection clause in Tip Top’s policy. The trial court granted Summit’s transfer motion. Tip Top appealed, arguing that, because Summit did not timely challenge Tip Top’s choice-of-venue in either its answer or motion to dismiss, Summit had waived its right to challenge venue.

Rule of Law

Issue

Holding and Reasoning (Wells, J.)

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