IN RE ADM INVESTOR SERVICES, INC.

No. 08-0570.

304 S.W.3d 371 (2010)

In re ADM INVESTOR SERVICES, INC., Relator.

Supreme Court of Texas.

February 19, 2010.


Attorney(s) appearing for the Case

J. Brad McCampbell, Curtis Alexander McCampbell & Morris PC, Emory, TX, for relator.

Michael Jason Forni, Law Office of Mike Forni, Thomas L. Kapioltas, Kapioltas & Forni, PLLC, Dallas, TX, for real party in interest.

John W. Alexander, Alexander & Boswell, Winnsboro, TX, for Texas Trading Company Incorporated.


Justice GREEN delivered the opinion of the Court.

In this case, we consider whether the trial court abused its discretion by denying a motion to dismiss premised on a forum-selection clause. We conclude that it did. The real party in interest did not overcome the presumption against the relator's waiving its right to enforce the forum-selection clause, or satisfy her burden to demonstrate that enforcing the clause would be unreasonable and unjust. Accordingly, we...

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