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, 20102010 Ala. LEXIS 9

Summary

The court granted Excelsior Financial's petition for a writ of mandamus and directed the trial court to dismiss the Tillises' claims against Excelsior for lack of personal jurisdiction. Excelsior's affidavits expressly refuted the complaint's agency-based jurisdictional allegations, and the Tillises failed to substantiate those allegations with competent evidence. The complaint also did not plead a sufficiently particularized conspiracy or allege that Excelsior independently purposefully directed activity toward Alabama.