Cruise Line's Petition For A Writ Of Prohibition Was Granted Because A Florida Court Was Without Authority To Reinstate A Passenger's Action After A Federal Court Dismissed The Action Due To The Passenger Having Failed To File Her Personal Injury Action I
CARNIVAL CORPORATION d/b/a CARNIVAL CRUISE LINES, Petitioner, vs. BARBARA
MIDDLETON and JAMES MIDDLETON, her husband, Respondents.
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
2006 Fla. App. LEXIS 16421; 31 Fla. L. Weekly D 2480
October 4, 2006, Opinion Filed
PROCEDURAL POSTURE: Respondent passenger sued petitioner cruise line in a Florida court for personal injuries in a negligence action. The judge dismissed the action without prejudice. The passenger then filed suit in the United States District Court for the Southern District of Florida. The federal judge dismissed the action. The Florida court then reinstated the action. The cruise line filed an appeal which was interpreted as a petition for a writ of prohibition.
OVERVIEW: Based on a forum selection clause in the passenger's ticket, which provided for the resolution of any dispute to be litigated in the United States District Court for the Southern District of Florida in Miami, the lower court dismissed the action. After the passenger filed suit in the federal court, the federal court dismissed the federal action on grounds that the passenger failed to file suit in federal court within the applicable ticket-contract provision of one year for personal injury actions. The passenger, upon reinstatement of the action in the lower court, argued that the venue provision in the passenger ticket was unenforceable. The reviewing court found that the federal court's findings regarding forum selection and limitations grounds were binding upon the lower court under the principles of collateral estoppel. Further, res judicata barred the trial court from re-litigating the waiver question of the right to trial by jury under Fla. Const. art. I, § 22. Moreover, the dismissal based on statute of limitations grounds constituted an adjudication on the merits for purposes of res judicata. Therefore, the lower court was without authority to reinstate the cause of action.
OUTCOME: The petition for a writ of prohibition was granted.
