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AIM DMC One LLC v. The Frank Gates Serv. Co.

The defendants waived their venue and jurisdiction defenses by failing to raise them at the earliest opportunity.

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The trial court dismissed AIM DMC One, LLC’s “DMC”, AIM Disability Management and Consulting, Inc.’s “AIM”, and Mark Easler’s collectively, “the plaintiffs” case against The Frank Gates Service Co., Forte, Inc., and Risk Management Solutions collectively, “the defendants” on the grounds of improper venue and jurisdiction based on a forum selection clause contained in an employment agreement between some of the parties. The plaintiffs appeal, arguing that the defendants waived their venue and jurisdiction defenses by failing to raise them at the earliest possible opportunity. We affirm in part and reverse in part, for the reasons that follow.

The record reflects that Easler owned AIM and was also a member of DMC, the purpose of which was to purchase and manage an office condominium complex in Buckhead. In March 2009, DMC leased property in Buckhead to Forte, Inc., which allowed The Frank Gates Service Co., to use the property, with the acquiescence of DMC. According to Easler, he later agreed to sell DMC to The Frank Gates Service Co., and Forte for $750,0001 ; the parties agreed that he would stay on as vice-president, and The Frank Gates Service Co., and Forte would continue to lease the office space. On April 1, 2009, Easler and Risk Management Solutions “Risk Management”2 entered into an employment agreement, which contained a forum selection clause providing in relevant part:

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