Shaner v. Shaner
216 N.C. App. 409
| N.C. Ct. App. | 2011Background
- Shaner v. Shaner involves a divorce and related post-separation support, alimony, and financial distribution in Iredell County, NC.
- The couple married in 1968 and separated formally on November 12, 2007 after about 41 years of marriage.
- From December 2003 to March 2004, Defendant lived in Mooresville, NC with Plaintiff; he later returned to New York.
- Plaintiff bought a home in Statesville, NC; the parties intermittently resided together in NC and NY through 2007.
- Plaintiff filed a complaint in 2009 in Iredell County; Defendant was alleged properly served but challenged personal jurisdiction.
- The trial court initially found subject matter jurisdiction but lacked personal jurisdiction over Defendant; the issue on appeal is whether NC may exercise personal jurisdiction over Defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NC may exercise personal jurisdiction. | Shaner: minimum contacts sufficient. | Shaner: contacts are too minimal. | No; jurisdiction reversed. |
Key Cases Cited
- Sherlock v. Sherlock, 143 N.C.App. 300 (2001) (minimum contacts require acts availing privileges of NC)
- Shamley v. Shamley, 117 N.C.App. 175 (1994) (minimal contacts not enough for jurisdiction)
- Filmar Racing, Inc. v. Stewart, 141 N.C.App. 668 (2001) (fact-specific analysis of minimum contacts factors)
- Banc of Am. Secs., LLC v. Evergreen Int'l Aviation, Inc., 169 N.C.App. 690 (2005) (two-step long-arm analysis: statute and due process)
