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SAUDER v. RAYMAN

Nos. 4D01-2338, 4D01-2361.

800 So.2d 355 (2001)

Philip J. SAUDER, William L. Gray, Ralph E. Stewart, Paul Whiting, Dennis Dunn, Burton McGillivray and ASI Acquisition, L.L.C., Petitioners/Appellants, v. Lawrence RAYMAN and Ethan Alpert, in their capacity as Members and on behalf of ASI Acquisition, L.L.C., a Delaware limited liability company, and individually, Respondents/Appellees.

District Court of Appeal of Florida, Fourth District.

November 28, 2001.

Attorney(s) appearing for the Case

Jeffrey B. Crockett and Sean R. Santini of Aragon Burlington Weil & Crockett, P.A., Miami and Jay D. Hanson and Paul A. Reynolds of Gray Cary Ware & Freidenrich LLP, San Diego, CA, for petitioners/appellants.

Leonard K. Samuels and Jeffrey S. Wertman of Berger Singerman, Fort Lauderdale, for respondents/appellees.

WARNER, J.

In this consolidated petition for writ of certiorari and non-final appeal, petitioner, ASI Acquisition, L.L.C. ("ASI"), challenges a trial court's order denying its motion to abate or dismiss for improper venue. ASI contends the trial court departed from the essential requirements of law in failing to abate this Florida action in favor of a prior filed federal suit in Illinois. It further contends that it had a forum selection clause which entitles it to...

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