WARE ELSE, INC. v. OFSTEIN

No. 5D02-3871.

856 So.2d 1079 (2003)

WARE ELSE, INC., and Ware Enterprises, Inc., Appellants, v. Susan OFSTEIN, Appellee.

District Court of Appeal of Florida, Fifth District.

October 17, 2003.


Attorney(s) appearing for the Case

Douglas C. Spears of Stump, Storey & Callahan, P.A., Orlando, for Appellants.

Michael J. Beaudine and Michael E. Milne of Gronek & Latham, LLP, Orlando, for Appellee.


MONACO, J.

Ware Else, Inc. ("Ware Else"), and Ware Enterprises, Inc. ("Enterprises") (collectively, "Appellants"), appeal the order of the trial court denying their motion to dismiss Count II of Susan Ofstein's complaint for improper venue based on a forum selection clause contained in a noncompete agreement. Because we conclude that the forum selection clause is enforceable, and that the motion to dismiss should have been granted, we reverse.

The Appellants...

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