Ex parte Riverfront, LLC.Annotate this Case
This case first went before the Alabama Supreme Court in "Ex parte Riverfront, LLC," (129 So. 3d 1008 (Ala. 2013)("Riverfront I")). In Riverfront I, Riverfront and Fish Market Restaurants, Inc. had entered into a lease for real property located in Gadsden. The lease contained a forum-selection clause naming Tuscaloosa County as the venue in which any litigation concerning the lease was to be brought. In determining that the forum-selection clause was enforceable, the Supreme Court held that Tuscaloosa County was not a "seriously inconvenient" forum. The Etowah Circuit Court transferred the action to the Tuscaloosa Circuit Court. Shortly thereafter, Fish Market filed a motion to transfer the action, then pending in the Tuscaloosa Circuit Court, back to the Etowah Circuit Court, citing section 6-3-21.1, Ala. Code 1975, that Tuscaloosa County "would be a seriously inconvenient forum." Riverfront responded, arguing that "[t]he issue stated in [Fish Market's] Motion to Transfer has previously been litigated between the parties, and adjudicated in [Riverfront's] favor by the Alabama Supreme Court." The Tuscaloosa Circuit Court held a hearing on Fish Market's motion and granted it. Riverfront then petitioned the Supreme Court for a writ of mandamus to direct the Tuscaloosa Circuit Court to vacate its order transferring the case back to the Etowah Circuit Court. The Supreme Court found, after review, that Fish Market could have challenged Tuscaloosa County as a "seriously inconvenient" forum in the Etowah Circuit Court and before the Supreme Court in Riverfront I. "Fish Market did not do so and may not now have a second bite at the forum apple and relitigate that issue. The matter has been decided." The Supreme Court granted Riverfront's petition and issued the writ.