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 the action was required to be brought where the collateral was located and did not encompass the parties' entire dispute. The court further held that the clauses required dismissal of claims brought by the contracting debtors against the financing company, its parent, and its employee, but did not establish a clear right to dismissal of claims brought by the guarantors or a separate entity that was not shown to be a contracting party. MURDOCK, Justice, concurring specially, agreed with the result but would not have found waiver even if the Alabama action had encompassed the entire dispute, particularly because it was voluntarily dismissed and caused no reliance.