Redwing Carriers, Inc. v. Foster
| Decision Date | 11 April 1980 |
| Citation | 382 So.2d 554 |
| Parties | REDWING CARRIERS, INC. v. John D. FOSTER. 78-523. |
| Court | Alabama Supreme Court |
James D. Harris, Jr. of Harris & Harris, Montgomery, for appellant.
Hoyt W. Hill of Walker, Hill, Adams, Umbach & Herndon, Opelika, for appellee.
This is an appeal by permission of this Court under Rule 5(a), ARAP, from an order of the circuit court determining that it has jurisdiction of this cause, and that venue is properly in Lee County.
The plaintiff, Foster, purchased a tractor/truck from Redwing under a conditional sales contract. Foster is a resident of Alabama and Redwing is a Florida corporation which conducts business by agent in Lee County, Alabama. The conditional sales contract was signed by Foster in Alabama, but the contract states that it was executed in Florida and provides that "venue" for any suit brought on this contract is to be in Florida. The tractor/truck was then leased back to Redwing. The lease was executed in Alabama.
Foster was injured while driving this vehicle. He was pulling a trailer owned by Redwing. He alleges that Redwing negligently maintained the trailer and that this negligence caused the accident. The complaint also contained several contract counts which were severed from the tort counts. Redwing contends that those counts sounding in contract must be brought in Florida pursuant to the following provision in the Conditional Sales Contract:
In support of its position, Redwing cites Deeb, Incorporated v. Board of Public Instruction of Columbia County, 196 So.2d 22 (Fla.Dist.Ct.App.1967) which states that:
It is settled law in this state that the parties to an agreement may provide therein where suit may be brought to enforce it if such should become necessary.
The Florida case involved a question of venue. Here, however, we are concerned with a jurisdictional question. There is a distinction between jurisdiction and venue. Jurisdiction refers to a court's inherent power to decide a case, Boswell v. Citronelle-Mobile Gathering, Inc., 292 Ala. 344, 294 So.2d 428 (1974); Alabama State Bar Assoc. v. Watson, 289 Ala. 729, 272 So.2d 240 (1972); Ex parte Dothan-Houston County Airport Authority, 282 Ala. 316, 211 So.2d 451 (1968), while venue designates the geographical situs in which a court with jurisdiction may entertain a suit. Ex parte Dothan-Houston County Airport Authority, supra; Associated Grocers v. Graves Co., 272 Ala. 158, 130 So.2d 17 (1961).
In the instant case the agreement does not govern venue, rather it waives the jurisdictional privilege of any domicile that the parties may be entitled to, divesting all courts of the power to hear and determine the cause except the courts of Hillsborough County, Florida.
We must determine whether parties may contractually divest a court of its jurisdiction. In Alabama, parties cannot confer jurisdiction by consent. Koppers Company v. Gulf Welding and Construction, Inc., 285 Ala. 331, 231 So.2d 896 (1970). We have not been cited to a case in this jurisdiction, nor has our research revealed one which is exactly in point. The Court...
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Stewart Organization, Inc v. Ricoh Corporation, 86-1908
...weight in the § 1404(a) determination. Since under Alabama law the forum-selection clause should be voided, see Redwing Carriers, Inc. v. Foster, 382 So.2d 554, 556 (Ala.1980), in this case the question of what weight should be given the forum-selection clause can be reached only if as a pr......
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Stewart Organization, Inc. v. Ricoh Corp.
...contractual negotiations. New York permits both; Alabama permits only contractual choice of law clauses. Redwing Carriers, Inc. v. Foster, 382 So.2d 554, 556 (Ala.1980); Goodwin v. George Fischer Foundry Systems, Inc., 769 F.2d 708, 712 (11th Cir.1985). Since it is clear by the terms of the......
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Professional Ins. Corp. v. Sutherland
...selection clauses are invalid and unenforceable in Alabama and that Montgomery County was the proper forum. 2 In Redwing Carriers, Inc. v. Foster, 382 So.2d 554 (Ala.1980), this Court adopted the "majority rule" stated in Annotation, "Validity of Contractual Provision Limiting Place or Cour......
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O'BRIEN ENGINEERING CO. v. Continental Machines, Inc.
...in the Jefferson Circuit Court, forum-selection clauses were considered to be void and unenforceable in Alabama. Redwing Carriers, Inc. v. Foster, 382 So.2d 554 (Ala. 1980). During the pendency of O'Brien's case, however, this Court decided Professional Insurance Corp., supra, reversing the......