law-forum-selection | also see venue case law |

FORUM SELECTION CASES AND CASELAW SNIPPETS

In re TCW Global Project Fund II, Ltd (Tex.App.- Houston [14th Dist.] Sep. 22, 2008)
(mandamus denied re: denial of motion to dismiss based on a forum-selection clause)
MOTION OR WRIT DENIED: Per Curiam  
Before Justices Brock Yates, Guzman and Brown
14-08-00116-CV        In Re TCW Global Project Fund II, Ltd., TCW Asset Management Company, and Trust
Company of the West
Appeal from 189th District Court of Harris County
Trial Court Judge: William R. Burke JR.

Mandamus Available for Enforcement | Mandamus Standard of Review

Mandamus relief is available to enforce forum-selection clauses.  In re AutoNation, Inc., 228 S.W.3d 663, 667
(Tex. 2007) (orig. proceeding).  To be entitled to the extraordinary relief of a writ of mandamus, the relator
must show that the trial court clearly abused its discretion, and it has no adequate remedy on appeal.  In re
Team Rocket, L.P., No. 06-0414, 51 Tex. Sup. Ct. J. 945, 2008 WL 2154092, at *1 (Tex. May 23, 2008) (orig.
proceeding).  A trial court clearly abuses its discretion if it reaches a decision so arbitrary and unreasonable
as to amount to a clear and prejudicial error of law.  Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig.
proceeding). In re Sterling Chemicals, Inc. (Tex.App.- Houston [14th Dist.] Aug. 7, 2008)(Hedges)
(forum selection clause ambiguous, not enforced, mandamus denial, inconsistent jurisdiction provisions)


Halabu v. Petroleum Wholesale, LP (Tex.App.- Houston [1st Dist.] May 22, 2008)(Bland)
(special appearance, forum selection clause enforced)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00614-CV Shamil Halabu v. Petroleum Wholesale, L.P.
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Baker


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