Daniel O'Bryant, D/b/a O'Bryant Transport, LLC, Appellant v. Alan P. Adams, Luan Adams, D/b/a A.l.a. Trucking…

Summary

The court held that a valid and mandatory forum-selection clause requiring suit in Texas does not eliminate Indiana courts' personal jurisdiction over Indiana parties otherwise subject to that jurisdiction. Although the trial court improperly dismissed the complaint under Rule 12(B)(2), dismissal without prejudice was still proper because the clause unambiguously required suit in Texas and the plaintiff failed to show that the clause was invalid or unenforceable. The court also recognized a stand-alone motion to enforce a forum-selection clause as an appropriate procedural vehicle.