Triple Quest, Inc. v. Cleveland Gear Co., Inc.
v.
Cleveland Gear Company, Inc., Defendant and Appellee
Judge Lawrence A. Leclerc
| Appellant: | Vogel Law Firm | |
| Appellee: | Gordon Henry Hansmeier | |
| Appellant: | Vogel Law Firm |
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1.Is the dismissal without prejudice of an action, on the ground that a party has asserted a contractual forum selection clause providing for venue in another state, an appealable judgment?
2.Did the Trial Court err by concluding as a matter of law that a contractual forum selection clause provided for exclusive venue in an Ohio county?
3.Did the trial court err by concluding as a matter of law that a party did not waive reliance on a contractual forum selection clause by asserting claims for affirmative relief in the North Dakota court, litigating in the North Dakota court for nearly three years, conducting discovery in the North Dakota court, and seeking summary judgment and other affirmative relief from the North Dakota court?
Appellee's Statement of the Issues:
1.Is the dismissal without prejudice of an action, on the ground that a party has asserted a forum selection clause providing for venue in another state, an appealable judgment?
1a.If yes, does a non-party have standing to raise this appeal? br> 2.Did the trial court err by concluding as a matter of law that the forum selection clause provided for exclusive venue in an Ohio county?
3.Did the trial court err by concluding as a matter of law that a party did not waive reliance on a forum selection clause by asserting claims for affirmative relief in the North Dakota court, litigating in the North Dakota court for nearly three years, conducting discovery in the North Dakota court, and seeking summary judgment and other affirmative relief from the North Dakota court?
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