Sweet Surrender, Inc., Plaintiff-Appellant, v. The American Bagel Company, d/b/a Chesapeake Bagel Bakery System, et al., (FN1) Defendant-Respondent.
Decision date: Unknown
Parties & Roles
- Appellant
- Sweet Surrender, Inc., Plaintiff-
- Respondent
- The American Bagel Company, d/b/a Chesapeake Bagel Bakery System, et al., (FN1) Defendant-
Disposition
Mixed outcome
- {"type":"affirmed","scope":null}
- {"type":"dismissed","scope":null}
Slip Opinion Notice
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Opinion
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Sweet Surrender, Inc., Plaintiff-Appellant, v. The American Bagel Company, d/b/a Chesapeake Bagel Bakery System, et al., (FN1) Defendant-Respondent. Case Number: 73477 Handdown Date: 09/22/1998 Appeal From: Circuit Court of St. Louis County, Hon. William M. Corrigan Counsel for Appellant: Martin M. Green and David T. Butsch Counsel for Respondent: Don R. Sherman and Lori R. Koch Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Hoff, P.J., Gaertner and Rhodes Russell, J.J., concur. Opinion: O R D E R Sweet Surrender, Inc. (Surrender) appeals from the trial court's granting of the motion to dismiss filed by The American Bagel Company, d/b/a Chesapeake Bagel Bakery System (Bagel). Bagel urged the court had no subject matter jurisdiction due to the forum selection clauses contained in the agreements between these parties. Forum selection clauses should be enforced "unless it is unfair or unreasonable to do so." High Life Sales Co. v. Brown-Forman Corp., 823 S.W.2d 493, 494 (Mo. banc 1992). We have reviewed the briefs of the parties and the record on appeal. No error of law appears. An opinion would have no precedential value. Judgment affirmed pursuant to Rule 84.16(b). Footnotes: FN1. The trial court dismissed other parties to this lawsuit, and those parties are not before us on appeal. Separate Opinion:
None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Authorities Cited
Statutes, rules, and cases referenced in this opinion.
Rules
- Rule 84.16cited
Rule 84.16
Cases
- high life sales co v brown forman corp 823 sw2d 493cited
High Life Sales Co. v. Brown-Forman Corp., 823 S.W.2d 493
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