Ex Parte DM White Const. Co., Inc.

D.M. White Construction Company, Inc. ("D.M. White"), is a defendant in an action pending in the Madison Circuit Court. It petitions for a writ of mandamus directing the circuit court to enforce an "outbound" forum-selection clause in its contract with the plaintiff Stinnett Concrete Company, Inc. ("Stinnett"), by granting D.M. White's motion for summary judgment.

In August 1997, Stinnett, through its owner, Edgar Stinnett, contracted to become a subcontractor to perform specified concrete work for D.M. White's construction project — the Carmike Cinemas 10-plex theater in Huntsville. The…