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Case Study: Espresso Disposition Corp. 1 and Santana Sales & Marketing Group, Inc., entered into an agreement that included a mandatory forum selection clause. The clause stated that "the venue with respect to any action pertaining to this Agreement shall be the State of Illinois." When Santana filed a suit against Espresso in a Florida state court, the defendant filed a motion to dismiss based on the clause. Santana responded that the clause was a mistake made at the time the agreement was drafted-an agreement between different parties had been copied, and by mistake, the venue provision had not been changed from Illinois to Florida. The court denied Espresso's motion to dismiss. Espresso appealed.
A state intermediate appellate court reversed and remanded for the entry of an order of dismissal. Under Florida law, a forum selection clause is only considered unjust or unreasonable if a party establishes that enforcement would result in "no forum at all." Espresso failed to establish this "since the designated forum-Illinois-does not result in *??*??* 'no forum at all.'?" If a forum selection clause unambiguously mandates that litigation be subject to a certain forum, then it is wrong for a court to ignore the clause.
Questions
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