Carnival Corp. v. Purdy

District Court of Appeal of Florida

Carnival Corp. v. Purdy

842 So. 2d 966, 2003 Fla. App. LEXIS 4102, 2003 WL 1566661

CourtDistrict Court of Appeal of Florida

DecidedMarch 28, 2003

DocketNo. 2D02-1071

StatusPublished

This text of 842 So. 2d 966 (Carnival Corp. v. Purdy) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carnival Corp. v. Purdy, 842 So. 2d 966, 2003 Fla. App. LEXIS 4102, 2003 WL 1566661 (Fla. Ct. App. 2003).

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Opinion

CASANUEVA, Judge.

This case presents the same issue we recently decided in Norwegian Cruise Line, Ltd. v. Clark, 841 So.2d 547(Fla. 2d DCA 2003), where the trial court denied transfer of venue based on a forum selection clause in a form cruise ticket contract. In Norwegian, we joined the majority of jurisdictions to find that such clause is enforceable, despite the fact that the passengers only had a short time to reject the form ticket contract if the venue provision had been objectionable to them, but took the cruise nevertheless. The facts of this case do not distinguish it from Norwegian. Therefore, we reverse with instructions to transfer this case to the venue specified in the cruise ticket contract.

[967]*967Reversed and remanded with instructions.

ALTENBERND, C.J., and KELLY, J„ Concur.

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CASANUEVA, Judge.

This case presents the same issue we recently decided in Norwegian Cruise Line, Ltd. v. Clark, 841 So.2d 547(Fla. 2d DCA 2003), where the trial court denied transfer of venue based on a forum selection clause in a form cruise ticket contract. In Norwegian, we joined the majority of jurisdictions to find that such clause is enforceable, despite the fact that the passengers only had a short time to reject the form ticket contract if the venue provision had been objectionable to them, but took the cruise nevertheless. The facts of this case do not distinguish it from Norwegian. Therefore, we reverse with instructions to transfer this case to the venue specified in the cruise ticket contract.

[967]*967Reversed and remanded with instructions.

ALTENBERND, C.J., and KELLY, J„ Concur.

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Bluebook (online)

842 So. 2d 966, 2003 Fla. App. LEXIS 4102, 2003 WL 1566661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carnival-corp-v-purdy-fladistctapp-2003.

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