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

Summary

Justice Murdock’s concurring opinion agrees with the majority that the forum‑selection clause in the lease is enforceable but disagrees that the court needed to decide whether Tuscaloosa County is a “seriously inconvenient” forum. He emphasizes that the party challenging a clause must meet a heightened “seriously inconvenient” test and that a mandamus petitioner must raise all arguments, which Fish Market failed to do. Accordingly, he supports denying Riverfront’s petition for mandamus. The opinion also notes procedural limits on appellate mandates and the required majority for a Supreme Court decision.