Carnival Corp. v. Woerner

District Court of Appeal of Florida

Carnival Corp. v. Woerner

843 So. 2d 1047, 2003 Fla. App. LEXIS 7007, 2003 WL 21071053

CourtDistrict Court of Appeal of Florida

DecidedMay 14, 2003

DocketNo. 2D02-5503

StatusPublished

This text of 843 So. 2d 1047 (Carnival Corp. v. Woerner) 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.

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Carnival Corp. v. Woerner, 843 So. 2d 1047, 2003 Fla. App. LEXIS 7007, 2003 WL 21071053 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

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 had only 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.

Reversed and remanded with instructions.

[1048]*1048ALTENBERND, C.J., and NORTHCUTT and COVINGTON, JJ., Concur.

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PER CURIAM.

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 had only 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.

Reversed and remanded with instructions.

[1048]*1048ALTENBERND, C.J., and NORTHCUTT and COVINGTON, JJ., Concur.

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843 So. 2d 1047, 2003 Fla. App. LEXIS 7007, 2003 WL 21071053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carnival-corp-v-woerner-fladistctapp-2003.

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