Forum Non Conveniens, Waiver

“Appellees substantially invoked the judicial process to appellants’ detriment when they chose the forum and filed suit in Collin County, Texas, in 2017, alleging numerous causes of action against appellants. Appellees did not raise forum non conveniens until 2020—after the parties had litigated back and forth, and after the trial court had partially granted appellants’ motion for summary judgment. Under these circumstances, allowing the plaintiff-appellees to use forum non conveniens—the point of which is to protect defendants from plaintiffs’ vexatious forum choices—to dismiss defendant-appellants’ counterclaims would be to turn the doctrine on its head.”

Munro v. Jagpal, 05-21-00125-CV (June 9, 2023) (mem. op.) (footnote omitted, emphasis added).