Ex Parte Riverfront, LLC. (in Re Fish Market Restaurants, Inc., and George Sarris v. Riverfront, LLC)

Summary

The court granted Riverfront’s mandamus petition and directed the circuit court either to dismiss Fish Market’s action without prejudice or transfer it to Tuscaloosa County under the lease’s forum-selection clause. The court held that Fish Market failed to show that the signed lease lacked mutual assent, that enforcement would be unfair or unreasonable, or that the clause violated Alabama public policy. The court also declined to consider Fish Market’s argument concerning Riverfront’s failure to answer because the argument was inadequately supported. Murdock, J., concurred in the result but would have resolved the case solely on the absence of proof that Fish Market failed objectively to assent to the lease.