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In re Lyon Financial Services, Inc.

No evidence in the record overcame the presumption that the forum-selection clause included in the documents executed by the parties was valid. Texas Supreme Court, No. 07-0486.

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ON PETITION FOR WRIT OF MANDAMUS

In this case, we consider whether the trial court abused its discretion in denying a motion to dismiss based upon a forum-selection clause. We conclude that it did.

In April 2002, McAllen North Imaging, Inc. (MNI) entered into a Master Lease Agreement (the Agreement) with relator Lyon Financial Services, Inc.*fn1 By terms of the Agreement, MNI would select equipment for its magnetic resonance imaging business and execute a Lease and Equipment Schedule that both described the equipment and leased it from Lyon, subject to Lyon approving the Schedule. Lyon then would order the equipment for delivery to MNI and pay the equipment vendor when MNI confirmed in writing that the equipment had been delivered and accepted. Each transaction was the subject of a separate Schedule. Each Schedule incorporated by reference the Agreement, and set out payment terms for the particular transaction. MNI’s president, Hector Hernandez, and seven other individuals guaranteed MNI’s obligations under the Agreement and Schedules. The Agreement contained a forum-selection paragraph as follows:

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