Legal Opinion

CMS Partners, Ltd. v. Plumrose USA, Inc.

Texas Court of Appeals, 6th District (Texarkana)

Decided March 20, 2003No. 06-02-00019-CVPublishedCited by 19 opinions

1Opinion of the Court

OPINION

Opinion by

Chief Justice MORRISS.

Based on a forum selection clause, the trial court granted Plumrose USA, Incorporated’s plea in abatement and motion to dismiss. On appeal, CMS Partners, Ltd. contends the trial court committed reversible error by (1) enforcing an unenforcea ble forum selection clause and (2) failing to make findings of fact and conclusions of law.

On February 1, 1998, Plumrose contracted with CMS to develop and execute programs that would generate sales of Plumrose’s products. Subsequently, the business relationship deteriorated. CMS filed suit for breach of contract in…

2Cases cited22 opinions

  1. Coker v. CokerTexas Supreme Court · 1983
  2. IKB Industries (Nigeria) Ltd. v. Pro-Line Corp.Texas Supreme Court · 1997
  3. City of Pinehurst v. Spooner Addition Water Co.Texas Supreme Court · 1968
  4. State Farm Life Insurance Co v. BeastonTexas Supreme Court · 1995
  5. Cherne Industries, Inc. v. MagallanesTexas Supreme Court · 1989

17 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. In Re AIU Insurance Co.Texas Supreme Court · 2004
  2. Ramsay v. Texas Trading Co., Inc., Texas Court of Appeals, 6th District (Texarkana)2008
  3. Lopez v. United Capital Fund, LLCDistrict Court of Appeal of Florida · 2012
  4. $5,134.00 U. S. Currency and 2002 Lincoln Navigator, VIN 5LMEU27R92LJ11912 v. State, Texas Court of Appeals, 6th District (Texarkana)2009
  5. Brownsville Advanced Medical Imaging, L.P. v. Capitalwerks, LLC D/B/A Preferred Lease, Texas Court of Appeals, 13th District2005

14 more not listed; retrieve them via the Exa API.

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