THOMAS J. WOLAVER ET AL. v. JBEEZ, INC. - Articles

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Posted by: Azya Thornton on Sep 30, 2024

Court: TN Court of Appeals

Attorneys 1: T. Jake Wolaver, Columbia, Tennessee, for the appellants, Thomas J. Wolaver and Jean L. Wolaver.

Attorneys 2: W. I. Howell Acuff, Cookeville, Tennessee, for the appellee, JBeez, Inc.

Judge(s): MCBRAYER

A husband and his wife found their rental boat unsatisfactory. So they sued the rental company, alleging a violation of the Tennessee Consumer Protection Act. The rental company moved to dismiss based on a forum-selection clause in the rental agreement that required all disputes to be brought in a different county. The husband and wife responded that the venue provision of the Tennessee Consumer Protection Act controlled over the forum-selection clause. The trial court agreed with the rental company and dismissed the suit without prejudice. We vacate the judgment.

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