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WIESENBERG v. COSTA CROCIERE, S.P.A.

No. 3D07-555.

35 So.3d 910 (2010)

Walter WIESENBERG, Appellant, v. COSTA CROCIERE, S.p.A., Appellee.

District Court of Appeal of Florida, Third District.

Opinion Denying Rehearing and Granting Certification June 2, 2010.

Attorney(s) appearing for the Case

Michael Guilford; Philip D. Parrish, Miami, for appellant.

McAlpin Conroy and Richard J. McAlpin and Gabriela M. Prado, Miami, for appellee.

Before COPE, SHEPHERD and SUAREZ, JJ.

COPE, J.

This is an appeal of an order dismissing Walter Wiesenberg's complaint for personal injuries he sustained as a passenger on a cruise ship. We affirm the dismissal order on the theory that the forum selection clause in the cruise ticket is enforceable. The lawsuit of plaintiff Wiesenberg had to be filed in federal court.

I.

The trial court dismissed the case now before us on the theory that it was barred by res judicata. We respectfully disagree...

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