Legal Opinion

Triple Quest, Inc. v. Cleveland Gear Co.

North Dakota Supreme Court

Decided May 24, 2001No. 20000281PublishedCited by 21 opinions

1Opinion of the Court

MARING, Justice.

[¶ 1] Fun Flight, LLC (“Fun Flight”), as the successor in interest to the claims of Triple Quest, Inc. (“Triple Quest”), appealed from an order dismissing, without prejudice, its damage action against Cleveland Gear Company, Inc. (“Cleveland Gear”). We conclude the order dismissing the action without prejudice based on a contractual forum selection clause is appealable and Fun Flight has standing to pursue the appeal. We further hold the trial court erred in ruling the forum selection clause, as a matter of law, granted exclusive jurisdiction over this action to the courts of…

2Cases cited31 opinions

  1. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  2. Aultman Hospital Ass'n v. Community Mutual InsuranceOhio Supreme Court · 1989
  3. Welco Industries, Inc. v. Applied CompaniesOhio Supreme Court · 1993
  4. State ex rel. Steckman v. JacksonOhio Supreme Court · 1994
  5. Pelleport Investors, Inc. v. Budco Quality Theatres, Inc.Court of Appeals for the Ninth Circuit · 1984

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3Cited by21 opinions

  1. Rodenburg v. Fargo-Moorhead Young Men's Christian Ass'nNorth Dakota Supreme Court · 2001
  2. Sanderson v. Walsh CountyNorth Dakota Supreme Court · 2006
  3. Nodak Mutual Insurance Company v. Ward County Farm BureauNorth Dakota Supreme Court · 2004
  4. Winer v. Penny Enterprises, Inc.North Dakota Supreme Court · 2004
  5. Everett v. StateNorth Dakota Supreme Court · 2017

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

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