Ex Parte Textron, Inc. (in Re Alabama Boating Centers, Inc. v. Textron, Inc.)

Summary

The court held that filing an Alabama detinue action to repossess collateral located in Alabama did not waive the contractual forum-selection clauses because repossession could be pursued only in Alabama and the detinue action did not encompass the parties' entire dispute. It further held that the clauses required dismissal of claims brought by the contracting debtors against Textron Financial, the Textron parent, and Regan, but did not establish a clear right to dismissal of claims brought by the guarantors or Ryan Creek Boating Center. Justice Murdock, concurring specially, agreed with the result but would also reject waiver even if the detinue action had encompassed the entire dispute because the action was voluntarily dismissed and caused no reliance.