376 So.3d 1221
Miss.2023Background
- Rachel Gildea Breal filed a legal malpractice action in Mississippi state court against her former attorneys for their representation in a failed BP Deepwater Horizon claim.
- The Downs Law Group and others (collectively "Downs Law") were sued for breach of contract, breach of fiduciary duties, conspiracy, legal malpractice, and infliction of emotional distress.
- The case was initially removed to federal court by Downs Law, who stated venue was proper, but later remanded to state court.
- The retainer agreement included a forum-selection clause naming Miami-Dade County, Florida, as the agreed venue.
- The trial court, on its own initiative, raised the enforceability of the forum-selection clause about a year after litigation began, leading to dismissal for improper venue.
- Breal appealed, arguing Downs Law waived any objection to venue by not timely raising it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can the court enforce forum-selection | Downs Law waived venue objection by not | Forum-selection clause is mandatory and | Court cannot enforce forum-selection clause |
| clause sua sponte after parties failed | raising it in its answer and participated | deprives court of jurisdiction; thus court | sua sponte; venue objection was waived. |
| to timely raise it? | in litigation. | must dismiss for lack of jurisdiction. |
Key Cases Cited
- US Bancorp v. McMullen, 183 So. 3d 833 (Miss. 2016) (improper venue is waived if not timely pleaded and by participation in litigation)
- Titan Indem. Co. v. Hood, 895 So. 2d 138 (Miss. 2004) (forum-selection clauses determine venue and personal jurisdiction, not subject matter jurisdiction)
- B & B Mgmt. Co., LLC v. Y.X. ex rel. He Shao, 245 So. 3d 477 (Miss. 2018) (motion to dismiss reviewed de novo for legal error)