Total Quality Logistics, LLC v. Trade Link Capital, Inc.
After the Third DCA previously reversed and directed dismissal based on an Ohio forum selection clause, the shippers filed a verified second amended complaint alleging new facts showing the freight broker actually acted as a 'carrier' whose cargo was tendered and stolen in Miami. The Third DCA affirmed denial of the renewed motion to dismiss, holding that dismissals for improper venue are without prejudice, that leave to amend was properly allowed, and that law of the case did not bar the amended pleading because the material facts had changed. The court further held the Carmack Amendment's special venue provision, if applicable, precludes enforcement of a contractual forum selection clause.
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