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Warren Hinckley v. Tummel & Carroll, a Professional Partnership, Harold K. Tummel, Individually, Kenneth S. Carroll, Individually, and Ray L. Rhymes, Individually

Citation: Not availableDocket: 01A01-9504-CV-00174

Court: Court of Appeals of Tennessee; November 28, 1995; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves a Texas resident filing a legal malpractice claim against a Texas-based law partnership for failing to timely file a claim against the State of Tennessee. The Dickson Circuit Court dismissed the case due to lack of personal jurisdiction and improper venue, as the defendants were not shown to have sufficient contacts with Tennessee. The plaintiff argued that jurisdiction was appropriate under T.C.A. Section 20-2-214(a)(5), but the court found no evidence of services being performed in Tennessee, nor any substantial or purposeful contacts with the state. The appellate court affirmed the trial court's decision, noting that the contract stipulated Texas as the location for performance and law application. Furthermore, the plaintiff did not present adequate evidence to establish jurisdiction based on damages occurring in Tennessee. The court highlighted that minimal contacts, such as a phone call, are insufficient for jurisdiction in Tennessee for disputes arising from contracts made and performed in another state. The judgment was affirmed, costs were imposed on the appellant, and the case was remanded for any further necessary proceedings.

Legal Issues Addressed

Application of T.C.A. Section 20-2-214(a)(5)

Application: The plaintiff failed to demonstrate that the defendants engaged in activities within Tennessee that would subject them to jurisdiction under this statute.

Reasoning: According to T.C.A. Section 20-2-214(a)(5), nonresidents may be subject to Tennessee jurisdiction for claims arising from contracts for services in the state.

Evidence Requirements for Jurisdiction

Application: The plaintiff failed to provide sworn documentation or evidence to support claims of damages in Tennessee, affecting the jurisdictional analysis.

Reasoning: Exhibit B, referenced by the plaintiff, lacks sworn documentation and may not qualify as evidence.

General Jurisdiction

Application: The defendants' lack of substantial contacts with Tennessee precluded the exercise of general jurisdiction.

Reasoning: General jurisdiction requires substantial contacts with the forum state, which the defendants deny.

Improper Venue

Application: The case was dismissed due to improper venue, as the contract stipulated performance in Texas and not Tennessee.

Reasoning: The Dickson Circuit Court dismissed the case based on lack of personal jurisdiction and improper venue.

Personal Jurisdiction Requirements

Application: The court determined that the defendants did not have sufficient contacts with Tennessee to establish personal jurisdiction under Tennessee law.

Reasoning: Evidence indicates that the defendants did not perform any services in Tennessee, rendering the jurisdictional statute inapplicable.

Specific Jurisdiction and Forum Contacts

Application: The court found no evidence of purposeful availment by the defendants to engage with Tennessee, thus specific jurisdiction was not applicable.

Reasoning: Specific jurisdiction, on the other hand, pertains to cases related to the defendants' forum contacts, necessitating purposeful engagement with the state, which is not evidenced here.