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CARNIVAL CORP. v. MIDDLETON

No. 3D06-160.

941 So.2d 421 (2006)

CARNIVAL CORPORATION d/b/a Carnival Cruise Lines, Petitioner, v. Barbara MIDDLETON and James Middleton, her husband, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 16, 2006.

Attorney(s) appearing for the Case

Mase & Lara and Beverly D. Eisenstadt, Miami, for petitioner.

Rick G. Bannon, St. Petersburg, for respondents.

Before GERSTEN, SUAREZ, and ROTHENBERG, JJ.

SUAREZ, J.

Carnival Cruise Lines ("Carnival") appeals a non-final order reinstating a negligence cause of action against Carnival for injuries sustained on January 13, 2003, by passenger, Barbara Middleton, on board the vessel M./V. Victory. We treat the appeal as a petition for writ of prohibition and grant the relief requested.

Based on a forum selection clause in the passenger ticket,1

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