NO. 07-03-0393-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JANUARY 4, 2005
______________________________
REUBEN LOWING AND ORLIN NORRIS, JR., APPELLANTS
V.
DARYL WILLIAMS, APPELLEE
_________________________________
FROM THE 72 ND DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2003-521,472; HONORABLE J. BLAIR CHERRY, JR., JUDGE
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Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
CONCURRING OPINION
Appellant Lowing’s second issue urges that the forum selection clause at issue deprived the trial court of jurisdiction. Enforcement of forum-selection clauses do not, however, deprive Texas courts of jurisdiction. See General Resources Org., Inc. v. Deadman , 907 S.W.2d 22, 27-8 (Tex.App.–San Antonio 1995, writ denied). See , also , The Bremen v. Zapata Off-Shore Co. , 407 U.S. 1, 12-13, 92 S. Ct. 1907, 1914. Thus, even though Williams did not plead or prove the unreasonableness, unjustness, or invalidity of the clause, as was his burden if he contested the clause, see In re Automated Collection Technologies., Inc ., _ S.W.3d _, _ (Tex. 2004); In re AIU Ins . Co., _ S.W.3d _, _ (Tex. 2004) (Texas courts must specifically enforce forum-selection clauses unless the party opposing enforcement clearly shows that enforcement would be unreasonable and unjust, or that the clause is invalid for some reason such as fraud or overreaching), Lowing’s issue must be overruled. See Texas Nat’l Bank v. Karnes , 717 S.W.2d 901, 903 (Tex.1986).
I concur in the result reached by the majority.
Phil Johnson
Chief Justice