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BAHAMAS SALES ASSOCIATE, LLC v. BYERS

No. 11-11664.

701 F.3d 1335 (2012)

BAHAMAS SALES ASSOCIATE, LLC, Plaintiff-Counter Defendant-Appellee, v. Donald Cameron BYERS, Defendant-Counter Claimant-Appellant, v. Ginn Financial Services, LLC, Bahamas Sales Associate, LLC, Ginn Title Services, LLC, and Edward R. Ginn, III, Counter Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 4, 2012.

Attorney(s) appearing for the Case

Robert Philip Alpert , Lawrence Hugh Kunin , John P. MacNaughton , Morris, Manning & Martin, LLP, Atlanta, GA, for Plaintiff-Counter Defendant-Appellee.

Dana Louise Ballinger , Ballinger Law Office, Sanibel, FL, for Defendant-Counter Claimant-Appellant.

Lynn F. Chandler , Smith, Moore, Leatherwood, LLP, Charlotte, NC, for Counter Defendant-Appellee.

Before HULL, MARCUS and COX, Circuit Judges.

COX, Circuit Judge:

In late 2006, Donald Cameron Byers purchased a lot in the Bahamas. His purchase contract contains a provision that requires all disputes to be litigated in the Bahamas under Bahamian law. Byers financed the purchase with a mortgage loan made by Bahamas Sales Associate, LLC (Bahamas Sales), a mortgage lender. After Byers failed to make payments on the mortgage note, Bahamas Sales sued Byers in the Middle District of Florida. Byers counterclaimed...

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