Midwest Financial Acceptance Corp. v. Lopez

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the legal effect or enforceability of a contract provision presents a question of law accorded full appellate review
• determining that clause “select[ing] a forum of any court in any location” was not a forum selection clause -8- J-A25022-14 circumventing procedural venue rules “as this would amount to selecting no forum at all”
• stating the additional documents do not contain material provisions pertinent to the confession of judgment
• holding court cannot address factual disputes in petition to strike
• observing, “if the truth of the factual averments contained in [the complaint in confession of judgment and attached exhibits] are disputed, then the remedy is by proceeding to open the judgment, not to strike it.”
• “A warrant to confess judgment must be explicit and will be strictly construed, with any ambiguities resolved against the party in whose favor the warrant is given.”

Source: CourtListener parenthetical corpus (CC0).