AMERICA ONLINE, INC. v. BOOKER

No. 3D00-2020.

781 So.2d 423 (2001)

AMERICA ONLINE, INC., Appellant, v. Hampton G. BOOKER, and Arthur E. Sweeney, Jr., individually and on behalf of all others similarly situated, Appellees.

District Court of Appeal of Florida, Third District.

Clarification/Rehearing Denied April 18, 2001.


Attorney(s) appearing for the Case

Gerald J. Houlihan, and Julie A. Zahniser, Miami; Mayer, Brown & Platt, and Robert J. Kriss, and Michael Scodro, and Kenneth J. Merlino, for appellant.

Kluger, Peretz, Kaplan & Berlin, and Abbey L. Kaplan; Andrew V. Tramont, Miami; Honey L. Kober, for appellees.

Before COPE, GERSTEN, and GREEN, JJ.


Clarification/Rehearing En Banc Denied April 18, 2001.

PER CURIAM.

America Online, Inc. ["AOL"], appeals an adverse order in a breach of contract action brought by member subscribers, which certified a class action and denied AOL's motion to dismiss for improper forum. We reverse, finding the trial court erred in refusing to enforce the forum selection clause.

Appellees Hampton G. Booker and Arthur E. Sweeney (hereafter collectively referred to as...

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