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District Court of Appeal of Florida


Carnival Corp. v. Booth, 3d06-1634

Denial of a cruise ship company's motion to dismiss a negligence suit arising out of the death of a passenger is reversed where the company did not waive its right to enforce the forum selection clause by serving one set of interrogatories and a request for production on the Plaintiff after it filed its amended motion to dismiss, which included its objection to venue.

Appellate Information

  • Decided 12/13/2006
  • Published 12/13/2006

Judges

  • ROTHENBERG, Judge., Before WELLS, CORTIÑAS, and ROTHENBERG, JJ.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Mase & Lara and Curtis Mase and Beverly D. Eisenstadt, Miami, for appellant.

  • For Appellees:
  • Haggard, Parks, Haggard & Lewis and Jeannete C. Lewis and Robert L. Parks, Coral Gables, for appellee.
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