Texas Supreme Court
In Re International Profit Associates, Inc.; International Tax Advisors, Inc.; and Ipa Advisory and Intermediary…
January 9, 200952 Tex. Sup. Ct. J. 272
Summary
The Texas Supreme Court held that the trial court abused its discretion by refusing to enforce the forum‑selection clauses in the contracts between McAllen Tropicpak, Inc. and International Profit Associates, Inc. and its affiliates, and therefore granted mandamus relief, vacated the trial court's order, and directed the motion to dismiss be granted. The Court also found that IPA did not waive its right to mandamus, the clauses were unambiguous and enforceable, no fraud or overreaching was shown, and the alleged inconvenience to witnesses did not outweigh the parties' contractual choice of forum.