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ROBERT LANGLEY; MOUNTAINEER DEVELOPMENT COMPANY, LTD; COLONY CROSSING, LLC; LANGLEY-COLONIAL, LLC, Plaintiffs-Appellees, v. PRUDENTIAL MORTGAGE CAPITAL COMPANY, LLC, Defendant-Appellant, NATIONAL CITY BANK, Defendant. |
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Appeal from the United States District Court
for the Eastern District of Kentucky at Lexington.
No. 07-00404—Joseph M. Hood, District Judge.
Argued: June 5, 2008
Decided and Filed: October 27, 2008
Before: MERRITT, MOORE, and ROGERS, Circuit Judges.
PER CURIAM. This case involves two sizeable real estate loans — one for $43 million, the other for $14 million — by Prudential, the lender, to Robert Langley, the borrower. The dispositive issue on appeal is whether two contracts, both of which included a forum selection clause choosing New York as the forum for litigation, should be enforced. The federal district court below determined that the contracts were invalid and thus declined to enforce the forum selection clauses. Because a valid and enforceable contract exists, we vacate and remand for the district court to entertain a motion to enforce the forum selection clause under FED. R. CIV. P. 12(b)(6) or 28 U.S.C. § 1404(a).