A forum-selection clause buried in an equipment lease governs only suits “commenced hereunder” — so it can’t be used to toss a lawsuit over upfront fees the plaintiff paid as a precondition to the deal ever being made. The Sixth District Court of Appeal reversed a dismissal for improper forum.
Star Manufacturing Extraction sought financing from Leasing Innovations to meet its obligations under an equipment lease. Leasing Innovations required Star to pay upfront fees as a “prerequisite,” took the money, then allegedly never funded anything and refused a refund. Star sued for civil theft and related claims; the trial court dismissed based on the lease’s forum clause.
The panel held Star’s claims rested on “breached promises that predated the Agreement,” not on the Agreement itself, so the forum clause was never triggered. It expressed no view on the merits or on whether the clause was mandatory or permissive.
**Why it matters:** a forum-selection clause is only as broad as its language. Claims about conduct that precedes or falls outside the contract can proceed in the plaintiff’s chosen forum.
*Star Manufacturing Extraction, LLC v. Leasing Innovations, Inc., No. 6D2025-1963 (Fla. 6th DCA Sept. 4, 2026).*