On June 13, 2018, M. Paula Aguila successfully argued to the Florida Third District Court of Appeal that a trial court’s order denying a motion to dismiss based on a forum selection clause in the parties’ agreement should be reversed in Hamed Wardak, et. al. v. Estrategia Investimentos, S.A., et. al. Aguila, Andrés Rivero, and Alan H. Rolnick are defending a Florida resident and several Florida entities, against claims in Miami-Dade County Circuit Court, arising from a multimillion dollar financial transaction.
The Court of Appeal sided with Aguila’s argument stating that, “the plain language of this contract expresses an unmistakable intent to make the forum provision exclusive…[and that] there was no ambiguity.” The Court of Appeal concluded that the forum selection clause, as written, was mandatory, exclusive and unambiguous and, thus, the case should be litigated in Brazil. The Third District Court of Appeal reversed the trial court order on October 17, 2018. Click here to read more.