Ballinger v. Lockheed Martin Aeronautics
Plaintiffs and appellants Larry Ballinger (Ballinger) and Carol Ballinger (collectively, plaintiffs) appeal from an order granting defendant and respondent Lockheed Martin Corporations (Lockheed) motion to dismiss or stay for forum non conveniens. Plaintiffs did not file an opposition to Lockheeds motion until the afternoon before the motion was scheduled to be heard, and the trial court denied plaintiffs ex parte applications requesting a continuance and/or asking the court to consider the late-filed opposition. Finding Lockheeds motion unopposed, the trial court granted the motion on the ground that plaintiffs did not meet their burden to show that enforcement of a forum selection clause, in which Ballinger consented to jurisdiction in Maryland, would be inconvenient. On appeal, plaintiffs contend that the trial court erred by denying their ex parte applications and that the contract and/or the provision Lockheed relied upon in its motion are not enforceable. Court affirm the order.
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