Edinburg SRGV, LLC v. Rialto Capital Advisors, LLC

Summary

The Texas Thirteenth Court of Appeals reviews the dismissal of Edinburg SRGV, LLC’s claims against Rialto Capital Advisors, LLC under the doctrine of forum non conveniens. The trial court determined that New York was an available and adequate alternative forum and that the public and private interest factors favored New York because the dispute involved a New York-law loan agreement, New York litigation, and attorney-fee evidence located in New York. The appellate opinion states that the court affirms the dismissal as modified and addresses whether dismissal with prejudice was proper.

Holdings

1. The trial court did not abuse its discretion in dismissing the action in favor of New York because New York was an available and adequate alternative forum and the relevant public and private interest factors strongly favored New York.
2. A dismissal based on forum non conveniens must generally be without prejudice; the appellate court may modify the judgment and affirm it as modified.

Questions Presented

1. Whether the trial court abused its discretion by dismissing SRGV's action under the common-law doctrine of forum non conveniens in favor of New York.
2. Whether the trial court erred by dismissing SRGV's action with prejudice.

Disposition

affirmed