· 10/5/2005
Three Seas Corp. v. FFE TRANSP. SERVICES
Citations
- 913 So. 2d 72
- 2005 Fla. App. LEXIS 15702
- 2005 WL 2447888
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a party's argument that \a simple unexplained denial to the allegation that venue was proper\ was sufficient under rule 1.140(b) was \without merit\
- holding that the defense of improper venue based on a contractual forum selection clause is waived if not pled with particularity in responsive pleading or, if made by motion, \before pleading if a further pleading is permitted\
- rejecting a party's argument that rule 1.140(b)'s particularity requirement does not apply where a defense appears on the face of the pleadings because \[r]ule 1.140(b) contains no such exception. The defendant must follow the terms of the rule.\
- Texas forum selection clause waived by failure to raise in defensive motion or answer, though contract containing selection clause an exhibit to complaint
- Texas forum selection clause waived by failure to raise in defensive motion or answer, though contract containing selection clause an exhibit to complaint
- finding the affirmative defense of improper venue waived
Source: CourtListener parenthetical corpus (CC0).
Judges: Cope, C.J., and Shepherd and Rothenberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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