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Contractor's Mgmt. Sys. of NH, Inc. v. ACREE AIR COND., INC.
Citations: 799 So. 2d 320; 2001 WL 1191115Docket: 2D01-427
Court: District Court of Appeal of Florida; October 10, 2001; Florida; State Appellate Court
Contractor's Management Systems of NH, Inc. (CMS), the appellant, contested a circuit court order that rejected its claim of improper venue in a lawsuit filed by Acree Air Conditioning, Inc. (Acree), the appellee. Acree's lawsuit in Hillsborough County alleged misrepresentation and unfair trade practices related to software purchased from CMS, invoking Florida's Little FTC Act. CMS sought dismissal based on a forum selection clause in its software license agreement, which mandated that disputes be resolved in New Hampshire and through binding arbitration. The court affirmed that the venue was proper as the claim under the Little FTC Act did not arise from the license agreement and was appropriate for Hillsborough County, where the alleged misrepresentation occurred. However, the court agreed that the order for arbitration should clarify whether it was binding or nonbinding. It determined that the arbitration must be nonbinding since the arbitration clause only pertained to disputes under the agreement, not Acree's claim under the Little FTC Act. CMS's argument regarding Acree's failure to state a claim for unfair trade practices was not addressed, as the denial of a motion to dismiss for failure to state a claim is not an appealable nonfinal order. The court affirmed the order for arbitration with the specification that it shall be nonbinding and remanded with directions. Judges Green and Campbell concurred.