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AQUA SUN MANAGEMENT INC. v. DIVI TIME LIMITED

No. 5D00-2873.

797 So.2d 24 (2001)

AQUA SUN MANAGEMENT, INC., etc., Appellant, v. DIVI TIME LIMITED, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 18, 2001.

Attorney(s) appearing for the Case

R. Michael Kennedy of R. Michael Kennedy, P.A., South Daytona, for Appellant.

Scott W. Cichon of Cobb, Cole & Bell, Daytona Beach, for Appellee.

PER CURIAM.

Aqua Sun Management, Inc. (Aqua) appeals the trial court's refusal to transfer Divi Time Limited, Inc.'s (Divi) action against it to the United States District Court for the Middle District of Florida, Orlando Division. The parties had agreed to that forum selection in an earlier stipulation filed in the federal court.

Divi contends that the federal court lacks subject matter jurisdiction of its action against Aqua, but that contention is premature...

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