Harold David Walters v. Lima Elevator Company, Inc.

84 N.E.3d 1218
CourtIndiana Court of Appeals
DecidedSeptember 26, 2017
DocketCourt of Appeals Case 44A03-1609-CC-2214
StatusPublished
Cited by1 cases

This text of 84 N.E.3d 1218 (Harold David Walters v. Lima Elevator Company, Inc.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harold David Walters v. Lima Elevator Company, Inc., 84 N.E.3d 1218 (Ind. Ct. App. 2017).

Opinion

May, Judge. •

Harold David Walters (“Walters”) appeals the trial court’s grant of Lima Elevator - Company’s (“Lima”) motion to correct error. He argues the trial court erred when it determined it had specific personal jurisdiction over. him. We affirm and remand for further proceedings.

Facts and Procedural History

On April 26, 2016, Lima filed a claim against Walters, a resident of Michigan, in LáGrange Circuit Court for non-payment of a purchase- made on April 30, 2010. On June 17, 2016, Walters filed a motion to dismiss for lack of jurisdiction. On June 20, 2016, the trial court granted Walters’ motion to dismiss for lack of jurisdiction.

On July 18, 2016, Lima filed a motion to correct error, alleging the court erred when it granted Walters’ motion to dismiss because the facts underlying Walters’ motion were,unsupported by affidavit or verified pleading. Based thereon, Lima claimed Walters failed to meet his burden to prove lack of personal jurisdiction. 1 Walters responded on August 10, 2016, and on August 30, 2016, the trial court granted Lima’s motion to correct error, concluding it had specific personal jurisdiction over Walters.

Discussion and Decision

A trial court has broad discretion in ruling on a motion to correct error. 2 Volunteers of Am. v. Premier Auto Acceptance Corp., 755 N.E.2d 656, 658 (Ind. Ct. App. 2001). We will reverse only for an abuse of that discretion. Id. An abuse of discretion occurs if the decision was against the logic and effect pf the facts and circumstances before the court or if the court misapplied the law. Id.

Our review -of a trial court’s decision regarding personal jurisdiction is well-settled:

“Personal jurisdiction is the court’s power to bring a person into its adjudicative process and render a valid judgment over a person.” Brockman v. Kravic, 779 N.E.2d 1250, 1254 (Ind. Ct. App. 2002). “The existence of personal jurisdiction over a defendant is a constitutional requirement to rendering a" valid judgment, mandated by the Due Process Clause of the Fourteenth Amendment.” Anthem Ins. Cos. v. Tenet Healthcare Porp., 730 N.E.2d 1227,1237 (Ind. 2000). “Because Indiana state trial courts are courts of general jurisdiction, jurisdiction is presumed. Therefore, the plaintiff need not allege jurisdiction .in its complaint.” Id. at 1231 (footnote [o]mitted). “[0]nee the party contesting jurisdiction, usually the defendant, challenges the lack of personal jurisdiction, the plaintiff must present evidence to show that there is personal jurisdiction over the defendant. However, the defendant bears the burden of proving the láek of personal jurisdiction by a preponderance of the evidence, unless the lack of jurisdiction is apparent on the face of the complaint.” . Id. “It is j within the trial court’s sound discretion to decide the ■jurisdictional facts.” Brockman, 779 N.E.2d at 1255. “A trial court’s findings of jurisdictional facts are generally reviewed for clear error. Once the court has decided those facts, however, whether personal jurisdiction exists is a question of law. We review a trial court’s determination of personal jurisdiction de novo.” Id. (citations omitted).

Keesling v. Winstead, 858 N.E.2d 996, 1000-1 (Ind. Ct. App. 2006).

Here, the trial court found Walters “purposefully availed himself of the privilege of conducting business with Lima Elevator within Indiana, such that he could reasonably anticipate defending a. lawsuit in Indiana related to his failure to pay for his credit purchases that he. picked up from Lima Elevator in Indiana.” (App. Vol. II at 7.) Based .on that finding, the trial court concluded it had specific personal jurisdiction over Walters in Lima’s claim against him,

Regarding the determination of specific personal jurisdiction, our Indiana Supreme Court has explained

specific jurisdiction may be asserted if the controversy is related to qr arises out of the defendant’s contacts with the forum state. [Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408,] 414 & n. 8, 104 S.Ct. 1868 [80 L.Ed.2d 404 (1984) ]. Specific jurisdiction requires that the defendant purposefully availed itself of the privilege of conducting activities within the forum state so that the defendant reasonably anticipates being haled into court there. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474-75, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985). A single contact with the forum state may be sufficient to establish specific jurisdiction over a defendant, if it creates a “substantial connection” with the forum state and the suit is related to that connection. McGee v. Int’l Life Ins. Co., 355 U.S. 220, 223, 78 S.Ct. 199, 2 L.Ed.2d 223 (1957). But a defendant cannot be haled into a jurisdiction “solely as a result of random, fortuitous, or attenuated contacts or of the unilateral activity of another party or a third person.” Burger King, 471 U.S. at 475, 105 S.Ct. 2174 (internal quotation marks omitted) (citing Helicopteros, 466 U.S. at 417, 104 S.Ct. 1868; Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 774,104 S.Ct. 1473, 79 L.Ed.2d 790 (1984); World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 299, 100 S.Ct. 559, 62 L.Ed.2d 490(1980)).

LinkAmerica Corp. v. Cox, 857 N.E.2d 961, 967 (Ind. 2006). Walters contends the trial court did not have-.specific personal jurisdiction over him because the-transaction from which Lima’s claim arose was not-sufficiently-substantial to satisfy the requirements for specific personal jurisdiction. We disagree.

To support his argument, Walters contends:

Lima has sued Walters for non-payment of money. The entirety of Walters” Contact" with Indiana, aS'to the 2010 transaction- with Lima was a) ordering seed from an Indiana company and b) crossing into Indiana to pick up the " seed. Lima is not suing Walters for ordering the seed. Nor is it suing Walters for picking up the seed. Lima is suing Walters alleging the non-payment of money for the seed he received. ’

(Reply Br. of Appellant at 9.)- We are" hard pressed to conclude anything other- than that Walters has described facts to support the exact opposite of what he. purports to argue.

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84 N.E.3d 1218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harold-david-walters-v-lima-elevator-company-inc-indctapp-2017.