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TRAVEL EXP. INV. INC. v. AT & T CORP.

No. 5D08-2504.

14 So.3d 1224 (2009)

TRAVEL EXPRESS INVESTMENT INC., Appellant, v. AT & T CORP., Appellee.

District Court of Appeal of Florida, Fifth District.

June 26, 2009.

Attorney(s) appearing for the Case

Philip K. Calandrino, of Hendry, Stoner, Calandrino & Brown, P.A., Orlando, for Appellant.

Paul R. Franke, III and Tasha J. Power, of Franke Greenhouse List & Lippitt LLP, Denver, pro hac vice, and Robert Hoofman of Rush, Marshall, Jones & Kelly, P.A., Orlando, for Appellee.

SAWAYA, J.

The issue we must resolve is whether a forum selection clause, which provides that "[t]he parties consent to the exclusive jurisdiction of the courts located in New York City, USA," is mandatory or permissive. This issue comes to us via an order denying a motion to dismiss for improper venue filed by Travel Express Investment Inc. in a breach of contract action brought against it by AT & T in Seminole County, Florida. The trial court concluded that...

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