Bankplus v. Toyota of New Orleans

851 So. 2d 439, 2003 Miss. App. LEXIS 684, 2003 WL 21789528
CourtCourt of Appeals of Mississippi
DecidedAugust 5, 2003
DocketNo. 2002-CA-01403-COA
StatusPublished
Cited by2 cases

This text of 851 So. 2d 439 (Bankplus v. Toyota of New Orleans) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bankplus v. Toyota of New Orleans, 851 So. 2d 439, 2003 Miss. App. LEXIS 684, 2003 WL 21789528 (Mich. Ct. App. 2003).

Opinion

MYERS, J.,

for the court.

¶ 1. BankPlus filed suit against Toyota of New Orleans (Toyota) in Pearl River County Circuit Court. From the dismissal of the action, BankPlus appeals asserting the lower court erred in finding it lacked personal jurisdiction over Toyota.

STATEMENT OF FACTS

¶2. Karen Jarrell, a resident of Pearl River County, owned a 1999 Toyota Camry with financing provided by BankPlus. The Camry was involved in an automobile accident. Jarrell was to receive insurance proceeds of $6,400 for the damage to the Camry.

¶ 3. Jarrell decided that instead of repairing her Camry, she would buy a new car. She located a 2000 Toyota Avalon for sale at Toyota. She and the dealership came to an agreement. The agreement, according to Toyota, was that Jarrell would trade in the damaged Camry and insurance proceeds and arrange financing to cover the difference. Toyota would use the insurance proceeds to repair the Camry for resale. Jarrell later claimed that the agreement did not include the insurance proceeds.

¶ 4. Jarrell contacted BankPlus, a Mississippi banking corporation, about financing the purchase of the Avalon. BankPlus contacted Toyota about the arrangement. BankPlus and Toyota had numerous conversations concerning the arrangement. BankPlus agreed to release the title of the Camry to Toyota and finance the difference on the Avalon. Toyota was to forward title of the Avalon to BankPlus.

¶ 5. BankPlus released the lien on the title and mailed it and a cashier’s check in the amount of $16,995 to Toyota. Included with the title and check was a letter from Kenneth Hall, the president of the Bank-Plus branch. It read:

Enclosed with this letter you will find: 1 our cashier’s check # 042116 in the amount of $16,995.00 and 2 — original title to Ms. Jarrell’s 1999 Toyota Camry, VIN2T1CF22P7XC111291 on which we have released our lien. We understand she is trading the 1999 Toyota on her purchase from you of one 2000 Toyota Avalon VIN4T1BF28B5YU102161. If all is in order, please return to my attention the title to the 2000 Toyota.

¶ 6. Toyota negotiated the check but never forwarded the title to the Avalon because Jarrell never sent Toyota the insurance proceeds. Toyota paid a reduced fee for a tow truck company to tow the Camry from Mississippi to its dealership. Toyota repaired and sold the Camry.

¶ 7. Toyota is not a Mississippi business, nor is it qualified to do business in Mississippi. Toyota has radio advertisements that reach across state lines and into Pearl River County. Toyota also makes several monthly sales to Mississippi residents. The purchase agreement between Toyota and Jarrell was that Jarrell was to handle the Mississippi taxes and registration.

LEGAL ANALYSIS

¶ 8. This Court employs a de novo review of jurisdictional questions. McDaniel v. Ritter, 556 So.2d 303, 308 (Miss.1989).

¶ 9. The exercise of in personam jurisdiction of a nonresident defendant may be accomplished pursuant to the Mississippi long-arm statute. Miss.Code. Ann. § 13-3-57 (Rev.2002). The Due Process Clause of the Fourteenth Amend[443]*443ment, however, serves as a limitation on the power of a state’s long-arm statute in the exercise of in personam jurisdiction of a nonresident. Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 413-14, 104 S.Ct. 1868, 80 L.Ed.2d 404 (1984).

¶ 10. Simply, there are two components of the standard. First, the state’s long-arm statute, as interpreted by the state courts, must apply. Second, its application in the particular case must comport with federal due process requirements. Brown v. Flowers Industries, Inc., 688 F.2d 328, 331-32 (5th Cir.1982). Thus, the standard, in referring to the power of state courts, incorporates elements of both state and federal law. DeMelo v. Toche Marine, Inc., 711 F.2d 1260, 1264-65 (5th Cir.1983).

Long-Arm Statute

¶ 11. The threshold condition for application of the long-arm statute is the requirement that the nonresident corporation, over which personal jurisdiction is sought, is not a corporation qualified to do business in this state. Once that condition is satisfied, the statute may be properly utilized in three situations: (1) where the nonresident made a contract with a resident of this state to be performed in whole or in part in this state; (2) where the nonresident committed a tort in whole or in part in this state against a resident or nonresident of this state; or (3) where the nonresident did business or performed any character of work or service in this state. Miss.Code. Ann. § 13-3-57 (Rev.2002).

¶ 12. Since Toyota is not a resident Mississippi corporation, the first condition of the long-arm statute is met.

1.Contract

¶ 13. Although Toyota argues that the only contracts were between Jar-rell/BankPlus and Jarrell/Toyota, we hold that there was a contract between Bank-Plus and Toyota. The title to the Camry was to be released by BankPlus in exchange for the title to the Avalon. Toyota also argues that this arrangement was contingent upon Jarrell providing the insurance funds. Even if the agreement was contingent upon Toyota receiving the insurance proceeds, it is still a contract between BankPlus and Toyota. While we do not know the exact words that were spoken on the phone between BankPlus and Toyota, it is apparent that some agreement was reached resulting in BankPlus releasing the lien on the Camry and mailing the title and cashier’s check to Toyota.

2. Tort

¶ 14. BankPlus argues that Toyota committed the tort of conversion. Toyota argues that there was no conversion and even if there were, the conversion took place in Louisiana. A tort is considered to have been committed in part in Mississippi where the injury results in the state. Sorrells v. R. & R. Custom Coach Works, 636 So.2d 668, 672 (Miss.1994). It must be an actual injury, not economic collateral consequences. Jobe v. ATR Marketing, Inc., 87 F.3d 751, 753 (5th Cir.1996).

3. Doing Business

¶ 15. The test to determine whether a nonresident corporation is doing business in Mississippi, as contemplated by our long arm statute, is: (1) the nonresident corporation must purposefully do some act or consummate a transaction in Mississippi; (2) the cause of action must either arise from or be connected with the act or transaction; and (3) the assumption of jurisdiction by Mississippi must not offend traditional notions of fair play and sub[444]*444stantial justice. Gross v. Chevrolet Country, Inc. 655 So.2d 873, 877 (Miss.1995).

¶ 16. While Toyota claims it does not do any business in Mississippi, it does advertise in a manner that reaches Pearl River County and does not hesitate to sell to Mississippi residents that come to New Orleans to purchase cars, many of whom hear the advertisements.

¶ 17. Toyota also agreed to accept BankPlus’s check for financing the Avalon for a Mississippi resident.

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Bluebook (online)
851 So. 2d 439, 2003 Miss. App. LEXIS 684, 2003 WL 21789528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bankplus-v-toyota-of-new-orleans-missctapp-2003.