Rachel Gildea Breal v. the Downs Law Group, Charles David Durkee, Hood & Bolen, P.l.l.c., R. Michael Bolen, The…

Summary

The Court held that a trial court may not sua sponte enforce a forum-selection clause and dismiss an action after the defendant has waived any objection to venue. The clause addressed venue rather than subject-matter jurisdiction, and the defendants waived enforcement by failing to plead improper venue and by actively litigating for more than a year. The dismissal was reversed and the case was remanded for further proceedings.