In an eviction matter, the the defendant, a Massachusetts limited liability company, appealed from the judgment of the circuit court in favor of the plaintiff, an Arizona limited liability company, following a bench trial. On appeal, defendant argued that the trial court lacked subject matter jurisdiction, erred when it found that the forum selection clause contained in the lease agreement was void on public policy grounds, and erroneously entered a default judgment against it based on its failure to appear at the bench trial. The appellate court held that the trial court properly exercised subject matter jurisdiction and that the notice of appeal was sufficient to confer jurisdiction to the appellate court to review the claim of whether the trial court erred when it denied the motion to dismiss based on the existence of a valid forum selection clause. The appellate court then went onto to conclude that the trial court erred when it determined that the forum selection clause was unenforceable on public policy grounds and remanded with instructions for the trial court to dismiss the complaint without prejudice so that it could be re-filed in the contractual forum. (STEIGMANN And ZENOFF, concurring)
Illinois Appellate Court
Civil Court
Forum Selection