Russo v. Barger

OPINION

DOWNIE, Judge:

¶ 1 Michael Russo appeals the dismissal of his civil claims against Steven Barger, Carol Barger, Alan Mishkin, and Carol Mishkin (collectively, “Appellees”) based on a forum selection clause that designates Mexico as the appropriate venue for litigation. Because we conclude that Appellees waived reliance on the forum selection clause by actively participating in the state court litigation for more than three years before moving to dismiss on that basis, we vacate the superior court’s judgment and remand for further appropriate proceedings.

FACTS AND PROCEDURAL HISTORY

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