Enforcing a Florida Choice of Law Clause In Texas

In DeSantis v. Wackenhut Corp., 793 S.W.2d 670, 679 (Tex. 1990), the supreme court refused to enforce a choice-of- law clause providing for Florida law where the claims involved determining whether a covenant not to compete was enforceable. The supreme court determined that the relationship of the transaction and parties to Texas in that case was clearly more significant than their relationship to Florida and, therefore, Texas had a materially greater interest than Florida in determining whether the noncompetition agreement was enforceable. Id. at 679. Therefore, the court applied Texas law.