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BOMBARDIER CAPITAL INC. v. PROGRESSIVE MARKETING GROUP, INC.

No. 4D01-663.

801 So.2d 131 (2001)

BOMBARDIER CAPITAL INC., a Canadian corporation, Appellant, v. PROGRESSIVE MARKETING GROUP, INC., a Texas corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 26, 2001.

Attorney(s) appearing for the Case

Robert M. Brochin and Erik W. Scharf of Morgan, Lewis & Bockius LLP, Miami, for appellant.

Reed A. Bryan of Law Office of Reed A. Bryan, Fort Lauderdale, for appellee.

OWEN, WILLIAM C., Jr., Senior Judge.

This non-final appeal is from an order denying appellant's motion to dismiss for improper venue. The motion was based on an unambiguous mandatory forum selection clause, contained in the contract documents out of which this litigation arose, which required any judicial proceeding arising therefrom to be brought only in a court located in the City and State of New York. We reverse.

Appellee, Progressive Marketing Group Inc...

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