Ex parte Best Choice Roofing Alabama, LLC, [Ms. SC-2025-0541, Nov. 26, 2025] __ So. 3d __ (Ala. 2025). The Court (Sellers, J.; Stewart, C.J., and Shaw, Wise, Bryan, Mendheim, Cook, and McCool, JJ., concur) grants Best Choice Roofing Alabama, LLC’s (“BCRA”) mandamus petition directing the Washington Circuit Court (“the trial court”) to dismiss an action filed against BCRA by Michael and Katie Dixon seeking damages for breach of contract and wantonness in connection with BCRA’s replacement of the roof on their home. The Court enforces an outbound forum selection clause in the contract providing that “[i]f any lawsuit is brought to enforce the obligations of either party to this contract, it is agreed that such lawsuit will be brought in Sumner County, Tennessee and that the laws of Tennessee will govern the contract unless prohibited by law, as applicable.” Ms. *3.
The Court reiterates “‘[a]n outbound forum-selection clause is enforceable unless the challenging party can establish that enforcement of the clause would be unfair on the basis that the contract was affected by fraud, undue influence, or overweening bargaining power or … enforcement would be unreasonable on the basis that the [selected] forum would be seriously inconvenient. The burden on the challenging party is difficult to meet.’” Ms. *5, quoting Ex parte D.M. White Constr. Co., 806 So. 2d 370,372 (Ala. 2001), some internal quotation marks omitted.
The Court concludes that “[i]t would not be unfair and unreasonable, seriously inconvenient, or akin to depriving the Dixons of their day in court to require them to litigate their claims against BCRA in Sumner County, Tennessee. The parties signed an unambiguous contract and are entitled to enforce its terms. The Dixons have failed to overcome their burden to prove otherwise. Accordingly, the trial court exceeded its discretion in denying BCRA’s motion to dismiss on the basis that venue in Washington County would be improper.” Ms. *18.