Stinson Secures Six Consecutive Venue Dismissals for Equipment Finance Clients in Florida Courts

04.28.2026

Stinson LLP attorneys Brian Cummings and C. Cade Zimmerman have secured dismissals in six separate lawsuits filed in Florida courts since late November 2025, successfully arguing that mandatory forum selection clauses in equipment finance agreements remain enforceable even after the original lender has assigned those agreements to third parties.

The rulings spanned two federal districts — the U.S. District Court for the Middle District of Florida and the U.S. District Court for the Southern District of Florida — as well as multiple Florida state courts, reflecting a consistent outcome across jurisdictions.

In each matter, borrowers had used and made payments on financed equipment — in some cases for years — before defaulting on their obligations. After being sued by the assignees of those financing agreements, the borrowers filed meritless third-party claims against the original lenders.

Four of the six rulings were obtained on behalf of MMP Capital, LLC, a New York-based equipment finance company, with two additional rulings secured for another equipment finance client under similar circumstances. MMP's Founder and President, John Paul Smolenski, expressed his appreciation for Stinson's work on behalf of the company.

"After defaulting, these borrowers attempted to shift blame to anyone they could, including MMP Capital, through baseless claims. Our financing agreements clearly specify where any disputes must be brought, and the courts confirmed that selling the loan doesn't change that," Smolenski said. "We are grateful to Brian, Cade, and the Stinson team for their thorough and effective advocacy in securing these dismissals across multiple courts."

In both federal and state courts, Cummings and Zimmerman successfully argued that the forum selection clauses in the underlying agreements remained binding and enforceable by the assignor after assignment, even where assignees had sued the debtors in Florida under the same agreements. The courts repeatedly rejected arguments that the debtors' third-party claims should be litigated in Florida because they had been sued there under the same agreements, because the majority of parties and the financed equipment were located in Florida, or because enforcement of the forum selection clauses could result in piecemeal litigation and inconsistent results. These rulings reinforce that such provisions will be enforced as written and provide meaningful protection for equipment finance companies seeking to manage litigation risk across jurisdictions.

Cummings has nearly two decades of experience litigating a wide variety of commercial matters and civil disputes in federal and state courts throughout the nation. His practice focuses on complex consumer class action defense and representing defendants and plaintiffs in real estate and general business litigation.

Zimmerman represents clients in complex commercial disputes in state and federal courts nationwide, guiding matters from pre-suit strategy through trial. He is experienced in arbitration, mediation, and settlement negotiations, and focuses on delivering practical, business-aligned litigation strategies.