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AQUATIC LODGING v. BAYOU BOYS BOAT RENTAL

No. 11-CA-382.

82 So.3d 562 (2011)

AQUATIC LODGING, LLC v. BAYOU BOYS BOAT RENTAL, LLC.

Court of Appeal of Louisiana, Fifth Circuit.

December 28, 2011.

Attorney(s) appearing for the Case

Corey E. Dunbar , Pivach, Pivach, Hufft, Thriffiley & Nolan, L.L.C., Belle Chasse, LA, for Plaintiff/Appellant.

Robert J. Diliberto , Damon A. Kirin , Megan E. Snider , Joshua H. Weis , Diliberto & Kirin, LLC, Metairie, LA, for Defendant/Appellee.

Panel composed of Judges MARION F. EDWARDS, CLARENCE E. McMANUS, and WALTER J. ROTHSCHILD.

MARION F. EDWARDS, Chief Judge.

At issue in this appeal is the validity of a forum selection clause contained in a Time Charter/Service Contract between the plaintiff/appellant, Aquatic Lodging, L.L.C. ("Aquatic"), and the defendant/appellee, Bayou Boys Boat Rental, L.L.C. ("Bayou Boys"). The trial court upheld the clause and sustained an exception of improper venue filed by Bayou Boys. Aquatic appeals that judgment. We reverse and remand.

In July 2010, Aquatic...

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