Karen E. Landa v. Charles L. Farris
03-15-00497-CV
| Tex. App. | Nov 10, 2015Background
- Landa, a resident of Iowa, was sued in Texas by Farris for loans and related claims.
- Farris alleges he loaned funds for Landa to purchase a home in Iowa, with both parties intending his name to appear on the deed.
- Dallas, Texas meeting in December 2010 is alleged as the genesis of the money arrangement and representations.
- Funds were wired from Texas to Iowa for closing, and Landa allegedly represented that Farris’s name would be on the deed.
- Landa continued to have Texas-based interactions (communications, inspections, and later employment/licensing) over years, creating forum contacts.
- Court denied Landa’s special appearance, holding sufficient Texas long-arm jurisdiction including specific and general jurisdiction over Landa.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of jurisdictional allegations | Farris preserved by pleading and response | Landa preserved error but briefed inadequately | No reversible error; issues waived or preserved as argued |
| Specific jurisdiction over Landa | Landa purposefully availed Texas via Dallas meeting and ongoing contacts | Landa challenges sufficiency of contacts | Specific jurisdiction supported by record evidence |
| General jurisdiction over Landa | Landa has continuous and systematic Texas contacts | General jurisdiction not established by contacts | General jurisdiction supported by evidence of long Texas ties |
Key Cases Cited
- BMC Software Belgium, N.V. v. Marchand, 83 S.W.3d 789 (Tex. 2002) (long-arm pleading burden and de novo standard on appeal)
- Guardian Royal Exch. Assurance, Ltd. v. English China Clays, P.L.C., 815 S.W.2d 223 (Tex. 1991) (minimum contacts and fairness in jurisdiction)
- Daimler AG v. Bauman, 134 S. Ct. 745 (U.S. 2014) (general jurisdiction limited by modern due process)
- Int’l Shoe Co. v. Washington, 326 U.S. 310 (U.S. 1945) (establishes minimum contacts standard for jurisdiction)
- Michiana Easy Livin’ Country, Inc. v. Holten, 168 S.W.3d 777 (Tex. 2005) (purposeful availment and forum-state contacts)
- Citrin Holdings, LLC v. Minnis, 305 S.W.3d 269 (Tex. 2009) (ongoing Texas contacts support specific jurisdiction)