Fish Market Restaurants, Inc. v. Riverfront, LLC

I write to explain my agreement with certain aspects of the main opinion and to explain why I part company with the main opinion in certain limited respects.

First, I take note of the different'purposes and natures of the “seriously inconvenient forum” test referenced in Ex parte D.M. White Construction Co., 806 So.2d 370, 372 (Ala.2001), and the forum non conveniens test of § 6-3-21.1(a), Ala.Code 1975. The purpose of a forum-selection clause in the first place' is to allow the parties, by agreement, to override the otherwise applicable rules (whether derived from statutes or rules of…