Legal Opinion

Scott v. Tutor Time Child Care Systems, Inc.

Missouri Court of Appeals

Decided December 19, 2000No. WD 57649PublishedCited by 7 opinions

1Opinion of the Court

SMART, Judge.

The appellants are Bryan Scott, Joanne Scott, and J & B Associates, Inc. They appeal the dismissal by the trial court of their petition against two affiliated Florida corporations on the basis that venue is governed by a forum selection clause in a franchise agreement with one of the corporations. Because we determine that policy considerations dictate that the forum selection clause should not be enforced in this ease, we reverse the decision of the trial court and remand the case for further proceedings.

Background

The following factual background is drawn from the pleadings. The…

2Cases cited4 opinions

  1. High Life Sales Co. v. Brown-Forman Corp.Supreme Court of Missouri · 1992
  2. Chase Third Century Leasing Co., Inc. v. WilliamsMissouri Court of Appeals · 1989
  3. Farris v. BoykeMissouri Court of Appeals · 1996
  4. Evergreen National Corp. v. Killian Construction Co.Missouri Court of Appeals · 1994

3Cited by7 opinions

  1. Service Vending Co. v. Wal-Mart Stores, Inc.Missouri Court of Appeals · 2002
  2. Burke v. GoodmanMissouri Court of Appeals · 2003
  3. Sabatino v. Lasalle Bank, N.A.Missouri Court of Appeals · 2003
  4. Brown v. StateMissouri Court of Appeals · 2000
  5. Service Vending Co. v. Wal-Mart Stores, Inc.Missouri Court of Appeals · 2002

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