Ex Parte Shirley Spencer and Christy Gee. (in Re Shirley Spencer and Christy Gee v. S. Boyd, Inc.)

Summary

The court held that it had jurisdiction to consider the mandamus petition as to the solvent defendants despite a bankruptcy stay affecting one codefendant. It further held that K & K waived its contractual forum-selection right by substantially invoking the Greene County litigation process for approximately 25 months before seeking transfer. The court granted the petition and directed the Greene Circuit Court to vacate its transfer order.