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In Re Automated Collection Technologies, Inc.

Citations: 156 S.W.3d 557; 48 Tex. Sup. Ct. J. 162; 2004 Tex. LEXIS 1250; 2004 WL 2754650Docket: 03-0280

Court: Texas Supreme Court; December 2, 2004; Texas; State Supreme Court

Narrative Opinion Summary

In this case, the Supreme Court of Texas addressed a contractual dispute between Automated Collection Technologies, Inc. and Professional Systems Corporation concerning a forum-selection clause mandating litigation in Montgomery County, Pennsylvania. Despite this clause, PSC initiated a lawsuit in Dallas County for unpaid services. Automated responded with denials and counterclaims, subsequently filing a motion to dismiss based on the clause. PSC opposed the motion, alleging the clause was permissive and that Automated waived its enforcement right by seeking affirmative relief. The trial court denied the motion, and the court of appeals upheld this decision. Automated then sought mandamus relief. The Supreme Court reiterated that forum-selection clauses are enforceable unless demonstrated to be unreasonable or unjust by the opposing party. PSC's failure to provide such evidence led the Court to conditionally grant a writ of mandamus, directing the trial court to enforce the forum-selection clause. The Court further ruled that Automated's actions, including a five-month delay and requests for judicial processes, did not constitute a waiver of the clause, as no prejudice was shown. Justice Medina did not participate in the decision, and the Court concluded by mandating dismissal of the case unless the trial court complied with its order.

Legal Issues Addressed

Burden of Proof in Contesting Forum-Selection Clauses

Application: The burden rests on the opposing party to prove that enforcing a forum-selection clause would be unreasonable or unjust or to assert its invalidity.

Reasoning: PSC failed to provide evidence of such claims or assert the clause's invalidity.

Enforcement of Forum-Selection Clauses

Application: The Supreme Court of Texas held that forum-selection clauses are enforceable unless the opposing party demonstrates that enforcement would be unreasonable or unjust.

Reasoning: The Supreme Court emphasized that enforcement of forum-selection clauses is mandatory unless the opposing party demonstrates that enforcement would be unreasonable or unjust.

Waiver of Forum-Selection Clause Rights

Application: A delay in enforcing a forum-selection clause and pursuing affirmative relief does not constitute waiver unless prejudice is demonstrated.

Reasoning: A five-month delay in enforcing a forum-selection clause, combined with actions such as requesting a jury trial and filing a general denial that did not challenge the clause, does not constitute a waiver of that clause.