Missouri Court of Appeals, Eastern District / Nov 16, 2021
Thieret Family, LLC., et al., Appellants, vs. Delta Plains Services, LLC, and Justin A. Brown, Adam Horton and Mike Still, Defendants/Respondents.
Thieret Family, LLC, and Dennis A. Thieret, Trustee, appealed the dismissal of their fraudulent inducement claims against Delta Plains Services, LLC, Justin Brown, Adam Horton, and Mike Still. The circuit court had dismissed these claims based on a forum selection clause in finance agreements. The appellate court affirmed the dismissal as to Delta and Brown, finding they could enforce the clause as signatories. However, the court reversed the dismissal and remanded the claims against Horton and Still, concluding they could not enforce the clause as non-signatories or third-party beneficiaries.