Summit Aviation, Inc. v. MSP Recovery Aviation, LLC
After a helicopter maintenance dispute, MSP sued Summit in Miami-Dade alleging fraud, FDUTPA, civil theft, conversion, and declaratory relief, notwithstanding a mandatory forum selection clause in hyperlinked Standard Terms and Conditions requiring exclusive jurisdiction where Summit's facility is located. The Third DCA reversed the denial of Summit's motion to dismiss, holding that the clause's language covering 'any and all issues between them relating to this Agreement or its subject matter' encompassed MSP's tort and statutory claims, and rejected MSP's contention that the hyperlinked terms were an invalid browsewrap agreement.
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