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BAILEY v. ERG ENTERPRISES, LP

No. 11-11670.

705 F.3d 1311 (2013)

Mark F. BAILEY, Gay L. Bailey, Steven R. Bredahl, Andrea P. Bredahl, David Jankowski, Kevin Crawford, et al., Plaintiffs-Appellants, v. ERG ENTERPRISES, LP, Lubert-Adler Management Company, LP, Lubert-Adler Real Estate Fund III, LP, Lubert-Adler Capital Real Estate Fund III, LP, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 25, 2013.

Attorney(s) appearing for the Case

Dana Louise Ballinger , Ballinger Law Office, Sanibel, FL, for Plaintiffs-Appellants.

Robert Philip Alpert , Lawrence Hugh Kunin , John P. MacNaughton , Morris, Manning & Martin, LLP, Atlanta, GA, Stephen Kastenberg , Geoffrey Kahn , Ballard, Spahr, Andrews & Ingersoll, LLP, Philadelphia, PA, Helen Peacock , Michael G. Tanner , Tanner Bishop , Jacksonville, FL, Lynn F. Chandler , Smith, Moore, Leatherwood, LLP, Charlotte, NC, for Defendants-Appellees.

Before HULL, MARCUS and COX, Circuit Judges.

COX, Circuit Judge:

Plaintiffs-Appellants (the Buyers) each sought to own a piece of paradise. To that end, they purchased undeveloped lots in a planned resort in the Bahamas. Their purchase contracts contain a provision that requires all disputes to be litigated in the Bahamas. Many of the Buyers financed their purchases with mortgage loans made by Bahamas Sales Associate, LLC (Bahamas Sales), a mortgage lender.

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