Gulfside Supply, Inc. v. Crowther Roofing & Sheet Metal of Florida, Inc.
Docket: No. 99-1085
Court: District Court of Appeal of Florida; October 20, 1999; Florida; State Appellate Court
Gulfside Supply, Inc. (Gulfside) appeals the trial court's order that granted Crowther Roofing and Sheet Metal of Florida, Inc. (Crowther) a change of venue. Gulfside argues that the dispute over the sale of materials is governed by a credit agreement signed by both parties, which stipulates that in the event of non-payment, the customer (Crowther) agrees to pay collection costs including attorney's fees and waives the right to challenge the venue, specifically permitting Gulfside to select the venue. Gulfside initiated the lawsuit in Miami-Dade County. The court found that Crowther's waiver of the right to contest venue under the contract terms was valid. The appellate court reversed the trial court's decision and remanded the case for further proceedings consistent with its ruling.