Rosenthal Law Group is thrilled to announce that it has prevailed in an appeal before the Florida Fourth District Court of Appeal in an appeal of an order denying a motion to dismiss for improper venue in a commercial dispute pending in the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida.
The case involves a dispute involving tort claims related to appliance sales and distribution. Rosenthal Law Group represents the plaintiff in this case. The defendants moved to dismiss the lawsuit for failure to state a cause of action. The court denied that motion and ordered them to answer the lawsuit. The defendants did not answer the lawsuit but instead filed a second motion to dismiss this time arguing that the venue was inappropriate and that the case should be in California arguing that a venue selection clause in related contracts required litigation elsewhere.
The Firm argued on behalf of our client that the defendants waived the defense of improper venue under Florida Rule of Civil Procedure 1.140 by failing to raise it in their initial motion to dismiss and that the venue selection clause did not require dismissal because the defendants were not parties to the contracts and the claims sounded in tort, not contract. Following a hearing on the defendant’s successive motion to dismiss, the trial court determined that the defense had been waived, and the venue clause did not apply, entering an Order denying the motion, which the defendants’ appealed. The Fourth District Court of Appeal affirmed the trial court’s order on September 11, 2025.
This case carefully and thoroughly clarifies the parameters for raising venue defenses and applying forum selection clauses in commercial litigation. Waiving key defenses or misapplying contract clauses can lead to unfavorable outcomes. In this case, there is no dispute that the defendants failed to assert improper venue in their first motion to dismiss, constituting a waiver under the rule. The venue clause was further inapplicable as the defendants were not signatories to the contracts, and the lawsuit centered on tort claims independent of any contractual obligations.
This appeal was handled by Alex Rosenthal and Amanda Jones. Rosenthal Law Group handles all types of commercial litigation and appeals and is available to discuss your matter with you. Please contact us at (954) 384-9200.