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United States Eleventh Circuit


Ocwen Orlando Holdings Corp. v. Harvard Prop. Trust, LLC, 07-13920

In a breach of contract action involving a forum selection clause which prevented the transfer of any action filed in any court to any other court, a judgment honoring the effects of underlying clause is affirmed where: 1) the plain meaning of the clause governed, as its unequivocal language was insusceptible of more than one interpretation; and 2) based upon the plain meaning of the word "transfer", the forum selection clause waived defendant's right to remove along with its right to transfer for the convenience of the parties and witnesses.

Appellate Information

  • Decided 05/12/2008
  • Published 05/12/2008

Judges

  • BARKETT, Circuit Judge:, Before BARKETT, FAY and STAPLETON, Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellees:
  • Douglas Bernard Lang, James A. Bledsoe, Jr., Bledsoe, Jacobson, Schmidt, Wright, Lang & Wilkinson, Jacksonville, FL, for Defendant-Appellant., Christine M. Ho, Hal K. Litchford, Paul E. DeHart, Litchford & Christopher, P.A., Orlando, FL, for Plaintiff-Appellee.
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