CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 11799, 25 Fla. L. Weekly Fed. D 2223
...d suit in Orange County Circuit Court for breach of the subcontract and for recovery under the payment bond. Peters and Wausau moved to dismiss the complaint for improper venue based on the forum selection clause of the subcontract. Kerr argued that section 47.025, Florida Statutes (1999), which became effective on October 1, 1999, vitiated the venue provisions of the subcontract and, therefore, venue properly lay in Orange County, Florida where the work under the subcontract was performed....
...3d DCA 2000), and cases cited therein. We agree with this approach and hold that the validity and enforceability of the forum selection clause of the subcontract in the instant case must be determined by application of Florida law. The next issue we must resolve is whether section 47.025, Florida Statutes (1999) applies retrospectively to the subcontract entered into between Peters and Kerr....
...of action accrued, or where the property in litigation is located, unless, after the dispute arises, the parties stipulate to another venue. Kerr argues that the forum selection clause is void as a matter of public policy based on the provisions of section 47.025....
...This is especially true when retrospective operation of a law would impair or destroy existing rights." Id. (citing State v. Lavazzoli,
434 So.2d 321, 323 (Fla. 1983)); see also Zack v. State,
753 So.2d 9 (Fla.2000). In applying the above rules of construction to section
47.025, we note that section
47.025 provides that forum selection clauses in contracts for improvements to real property are void if they require that legal action involving a resident contractor or subcontractor be instituted outside Florida....
...change the substantive law, but rather was wholly procedural; in absence of contrary indication by Congress or any procedural prejudice to either party, amendment was applicable to suit instituted before amendment was enacted). Having concluded that section 47.025 is procedural and that procedural statutes apply retroactively, we further conclude that retroactive application of the statute in the instant case is appropriate....
...Based on section
47.011, we find that venue is in Orange County, Florida. Peters incorrectly argues that the choice of law provision is also altered, and therefore, the statute has a substantive effect on its subcontract with Kerr. This is not a valid argument because section
47.025 does not apply to that provision in the subcontract. Therefore, although section
47.025 is procedural and applies retroactively to this case, it only renders void the choice of forum clause....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2003 WL 22508371
...e solely out of the contract...." Id. Applied also points out that the Florida Legislature has, in the case of certain contracts involving improvement of real property, declared that forum selection clauses are void as a matter of public policy. See § 47.025, Fla....
