green
Positive treatment
Issue: forum selection clauseFL ↗
Issue: mandatory forum selection clauseFL ↗
Issue: equitable tolling doctrineFL ↗
Issue: Carnival defenseFL ↗
13.4 score
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008
2017
2026
Top citers, strongest first. 9 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
M.Z. v. Carnival Corp.
Based on the forum selection clause and the record before it, the trial court specified that its order of dismissal constituted a final order. 3 District Court for the Southern District of Florida, or that the judges will routinely deny cruise ship passengers, such as these plaintiffs, jury trials if requested.” Leslie, 22 So. 3d at 573-74 (Shepherd, J., concurring).
cited
Cited as authority (rule)
Royal Caribbean Cruises, Ltd. v. Clarke
Leslie v. Carnival Corp., 22 So.3d 567, 574 (Fla. 3d DCA 2009).
examined
Cited as authority (rule)
Wiesenberg v. Costa Crociere, S.P.A.
(4×)
also: Cited "see, e.g."
There is no requirement under general maritime law that ticket recipients be advised of any unstated ramification of those limitations.”), with id. at 585 (Cortiñas, Ramirez, Cope, Rothenberg, and Salter, JJ., dissenting from denial of rehearing en banc) (“[W]e would grant the motion for rehearing en banc and find the federal court portion of the Forum Clause at issue here is unenforceable as it operates to deprive appellants of their constitutional right to a jury trial without notice and without consent.”).
discussed
Cited "see"
Wello and Mom, LLC etc. v. Clear Spring Property and Casualty Company, etc.
See Leslie v. Carnival Corp., 22 So. 3d 561, 563 (Fla. 3d DCA 2008) (applying federal maritime law and enforcing a forum selection clause despite the plaintiffs’ argument that the clause stripped them of their state constitutional right to a jury trial), aff’d by an equally divided court en banc, 22 So. 3d 567 (Fla. 3d DCA 2009).
discussed
Cited "see"
Wello and Mom, LLC, etc. v. Clear Spring Property and Casualty Company, etc.
See Leslie v. Carnival Corp., 22 So. 3d 561, 563 (Fla. 3d DCA 2008) (applying federal maritime law and enforcing a forum selection clause despite the plaintiffs’ argument that the clause stripped them of their state constitutional right to a jury trial), aff’d by an equally divided court en banc, 22 So. 3d 567 (Fla. 3d DCA 2009).
discussed
Cited "see"
Love v. Carnival Corp.
See Leslie v. Carnival Corp., 22 So.3d 561 (Fla. 3d DCA 2008), affirmed, 22 So.3d 567 (Fla. 3d DCA 2009)(en banc), review denied, 44 So.3d 1178 (Fla.2010), cert. denied, — U.S. -, 131 S.Ct. 1603 , 179 L.Ed.2d 499 (2011).
discussed
Cited "see"
Morrissette v. NORWEGIAN CRUISE LINE LIMITED
See Leslie v. Carnival Corp., 22 So.3d 561 (Fla. 3d DCA 2008), on rehearing en banc, 22 So.3d 567 (Fla. 3d DCA 2009) Ms. Morrissette has lost nothing substantively by this decision because, on the authority of the equitable tolling principle applied in Booth v. Carnival Corp., 522 F.3d 1148 (11th Cir.2008), see Carnival Corp. v. Booth, 946 So.2d 1112 (Fla. 3d DCA 2006), the federal District Court has denied Norwegian’s motion to dismiss her identical, “protective” action in that court, even though it was filed there on July 19, 2007, after the one year period had expired: The Eleventh Ci…
cited
Cited "see, e.g."
Anderson v. State
See also Leslie v. Carnival Corp., 22 So.3d 567 , 582 n. 16 (Fla. 3d DCA 2009) (citing PDK Labs., 362 F.3d at 799 ).
discussed
Cited "see, e.g."
Amquip Crane Rental, LLC v. Vercon Construction Management, Inc.
See, e.g., Leslie v. Carnival Corp., 22 So.3d 567, 581 (Fla. 3d DCA 2009) (listing the five factors courts consider in determining whether a jury trial waiver was entered knowingly).
Retrieving the full opinion text from the archive…
Grace GARCIA, Appellant,
v.
CARNIVAL CORPORATION, etc., Appellee.
v.
CARNIVAL CORPORATION, etc., Appellee.
3D07-627.
District Court of Appeal of Florida, Third District.
Feb 20, 2008.
22 So. 3d 567
Gersten, C.J., and Cortiãas, J., and Schwartz, Senior Judge.
Published
Panter, Panter & Sampedro and David Sampedro, Miami, for appellant.
Mase and Lara, Curtis J. Mase and Rachel S. Cohen, Miami, for appellee.
Before GERSTEN, C.J., and CORTIÑAS, J., and SCHWARTZ, Senior Judge.
PER CURIAM.
Affirmed. See Leslie v. Carnival Corp., 33 Fla. L. Weekly D105, 22 So.3d 561, 2008 WL 34793 (Fla. 3d DCA Jan.2, 2008).