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FIDELAK v. HOLMES EUROPEAN MOTORS, L.L.C.

No. 2013-C-0691.

130 So.3d 851 (2013)

Benjamin G. FIDELAK and Keri Tubre Fidelak v. HOLMES EUROPEAN MOTORS, L.L.C. D/B/A Land Rover Shreveport, et al.

Supreme Court of Louisiana.

Rehearing Denied January 27, 2014.

Attorney(s) appearing for the Case

Lunn, Irion, Salley, Carlisle & Gardner, William Orie Hunter, III , Alexander J. Mijalis , Shreveport, LA, for Applicant.

Rodney Marchive Rabalais , Marksville, LA, Mayer, Smith & Roberts, LLP, James Kristopher Jackson , Daniel James Baker , Shreveport, LA, for Respondent.

Robert E. Landry , Lake Charles, LA, for Rimkus Consulting Group, Inc. of Louisiana and Craig D. Rogers (Amicus Curiae).

VICTORY, J.

We granted this writ application to determine the enforceability of a forum selection clause. After reviewing the record and the applicable law, we reverse the judgments of the lower courts and hold that this forum selection clause is not enforceable because a third party defendant may not object to venue where the principal action has been instituted in the proper venue.

FACTS AND PROCEDURAL HISTORY

Benjamin and Keri Fidelak filed a...

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