Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of November 29, 2021.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Xia v. Floyd, No. 02-20-00351-CV (Dec. 2, 2021) (Walker, J., joined by Womack and Wallach, JJ.).

Held: The corporate operating agreement signed by Appellant and Appellee contained a forum-selection clause, not a venue-selection clause, that expressly bound Appellant, Appellee, and the corporate entity. Thus, Appellee appropriately and timely challenged Appellant’s forum selection in a motion to dismiss, to which Appellee attached the operating agreement as an exhibit. And the clause applied to Appellant’s individual and derivative claims because she signed the operating agreement in her individual and representative capacities. Accordingly, the trial court did not abuse its discretion by granting Appellee’s motion to dismiss based on the forum-selection clause.