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PHOENIX NETWORK TECHS. v. NEON SYSTEMS

No. 01-04-00039-CV.

177 S.W.3d 605 (2005)

PHOENIX NETWORK TECHNOLOGIES (EUROPE) LIMITED, Appellant, v. NEON SYSTEMS, INC. and Computer Associates International, Inc., Appellees.

Court of Appeals of Texas, First District, Houston.

August 25, 2005.

Attorney(s) appearing for the Case

Blake L. Beckham, Stewart Hyer Thomas, and Pascual Covarrubias Meyer, Beckham & Thomas, L.L.P., Dallas, for Appellant.

Robert F. Henderson, Jackson Walker L.L.P, Dallas, Charles Larry Carbo III, Jackson Walker, L.L.P, Jennifer Horan Greer, Samuel William Cruse, Gibbs & Bruns, L.L.P, Houston, for Appellees.

Panel consists of Justices TAFT, ALCALA, and HIGLEY.

OPINION

TIM TAFT, Justice.

Appellant, Phoenix Network Technologies (Europe) Limited ("Phoenix"), appeals from a judgment dismissing without prejudice its claims against Neon Systems, Inc. ("Neon") and Computer Associates International, Inc. ("CAI") (together, "appellees") based on a contractual forum-selection clause designating the United Kingdom ("U.K.") as the venue for suit. We determine whether (1) the forum-selection clause is valid and enforceable...

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