BOVIS HOMES, INC. v. CHMIELEWSKI

No. 2D02-1807.

827 So.2d 1038 (2002)

BOVIS HOMES, INC., a Florida corporation, Appellant, v. Gary CHMIELEWSKI and Kimberly Chmielewski, Appellees.

District Court of Appeal of Florida, Second District.

October 9, 2002.


Attorney(s) appearing for the Case

James E. Shepherd of Pohl & Short, P.A. Winter Park, for Appellant.

David L. Boyette of Ruden, McClosky, Smith, Schuster & Russell, P.A., Sarasota, for Appellees.


COVINGTON, Judge.

In this appeal, Bovis Homes, Inc., challenges the trial court's order denying its motion to dismiss on the basis of improper venue. At issue is the interpretation and application of the venue selection clause contained in the contract between Bovis Homes and Mr. and Mrs. Chmielewski. The trial court found that the venue selection clause is ambiguous and therefore denied Bovis Homes' motion to dismiss. Because we conclude that the venue selection...

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