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CLARK v. POWER MARKETING DIRECT, INC.

No. 01-05-00745-CV.

192 S.W.3d 796 (2006)

James C. CLARK, Both Individually and d/b/a Austin Furniture Clearance Center and Ricky Pagnozzi, Both Individually and d/b/a Pag's Clearance Center, Appellants, v. POWER MARKETING DIRECT, INC., d/b/a PMD Furniture Direct, Royal Heritage Home Furnishings, and Power Marketing Direct, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

April 6, 2006.

Attorney(s) appearing for the Case

Michael D. Conner, William Patterson Huttenbach, Hirsch & Westheimer, P.C., Houston, TX, for Appellants.

John L. Dagley, Campbell, Harrison & Dagley, L.L.P., Houston, TX, for Appellee.

Panel consists of Justices TAFT, HIGLEY, and BLAND.

OPINION

LAURA CARTER HIGLEY, Justice.

James C. Clark and Ricky Pagnozzi, appellants, brought suit against Power Marketing Direct, Inc. (Power Marketing), appellee, alleging fraud in the inducement of a licensing agreement, fraud, and violation of the Texas Deceptive Trade Practices and Consumer Protection Act. Power Marketing moved to dismiss the suit, claiming that forum-selection clauses limited jurisdiction to Franklin County, Ohio. The trial court granted...

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