Professional Ins. Corp. v. Sutherland

On Application for Rehearing

The opinion of March 28, 1997, is withdrawn, and the following opinion is substituted therefor.

This is an interlocutory appeal pursuant to Rule 5, Ala.R.App.P. The question presented is whether the Alabama courts should continue to refuse to enforce "outbound" forum selection clauses on the grounds that such clauses are against public policy and therefore void per se.1 The trial court, relying upon precedent, refused to enforce certain forum selection clauses stating that any action brought on the contract between these parties would be brought in Florida. We now…