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BUENA VISTA TELEVISION, INC. v. WTWV, INC.

No. 89-2511.

554 So.2d 34 (1989)

BUENA VISTA TELEVISION, INC., N/K/a Buena Vista Television, Appellant, v. WTWV, INC., D/B/a WTVX Channel 34, Appellee.

District Court of Appeal of Florida, Fourth District.

December 28, 1989.

Attorney(s) appearing for the Case

Pamela A. Chamberlin of Mitrani, Rynor & Gallegos, P.A., Miami, for appellant.

Florence Snyder Rivas and Kirk L. Burns of Edwards & Angell, Palm Beach, and Richard V. Neill of Neill, Griffin, Jeffries & Lloyd, Fort Pierce, for appellee.

PER CURIAM.

Appellant moved to dismiss appellee's complaint on the basis of a forum selection clause contained in the parties' licensing agreement. The trial court denied appellant's motion without prejudice to its right to request an evidentiary hearing. We have jurisdiction pursuant to Fla.R.App.P 9.130(a)(3)(C)(i). We agree with the trial court's determination that factual issues preclude the granting of said motion.

AFFIRMED.

DELL, STONE and POLEN...

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