Supreme Court of Alabama
Ex Parte McNeese Title, LLC (in Re James E. Atchison v. Ipc Industries, Inc.)
October 14, 201182 So. 3d 670
Summary
The court granted mandamus and directed dismissal of Atchison's claims against McNeese Title, Richard McNeese, and Peggy Owens for lack of personal jurisdiction. Because the amended complaint alleged no specific Alabama contacts or other jurisdictional basis, the defendants were not required to establish the absence of jurisdiction through additional evidence. Justice Murdock, concurring in the result, rejected the majority's pleading-based rule but agreed that the defendants' affidavits made a prima facie showing and that Atchison failed to rebut it.