Drucker v. Duval – Improper Venue

In this case the Fourth DCA found that the trial court erred in denying a motion to transfer the case based on improper venue.  The Fourth DCA ruled that the forum selection clause in the contract at issue in the case could not apply to the Defendant since the Defendant was not a party to the contract.

The contract at issue was a mediation agreement and the Defendant was counsel to one of the parties to the mediation.  Pursuant to Fla. R. Civ. P. 1.730, the Defendant had signed the agreement as counsel for one of the parties to the mediation.  In reaching it decision on venue, the Fourth DCA ruled that counsel who signs a mediation agreement per Rule 1.730 does not become a party to the agreement absent consideration or some other indication that mediation agreement was intended to bind counsel.

Drucker v. Duval, Case No. 4D10-4443 (Fla. 4th DCA May 18, 2011).