Supreme Court of Alabama

Ex Parte Excelsior Financial, Inc. (In Re Jeanie S. Tillis and Lowell A. Tillis v. Wm Page Associates, Inc., D/B/A…

January 22, 201042 So. 3d 96

Summary

The court granted mandamus relief and directed the trial court to dismiss the claims against the out-of-state defendant for lack of personal jurisdiction. The defendant's affidavits refuted the complaint's agency-based jurisdictional allegations, and the plaintiffs failed to substantiate those allegations with competent evidence. The complaint also did not plead a sufficiently particular conspiracy or allege purposeful conduct directed toward Alabama independent of an agency relationship.