Tabacinic v. Frazier
372 S.W.3d 658
| Tex. App. | 2012Background
- Fraziers (Texas residents) sued Tabacinics in Texas for alleged fraudulent inducement, negligent misrepresentation, and warranty breaches regarding a Texas home.
- Tabacinics filed a special appearance; trial court denied it; no trial findings were issued.
- Case centers on whether Tabacinics’ Texas contacts justify specific jurisdiction given Florida-based corporate actions.
- Court analyzes Texas long-arm statute and due-process requirements, focusing on minimum contacts and fair play.
- Court holds Tabacinics had sufficiently purposeful, continuing Texas contacts via real-property contracts and related actions, defeating fiduciary shield/alter-ego defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Fraziers plead sufficient jurisdictional facts? | Fraziers pled Florida-based entities and Texas-related conduct. | Tabacinics argued lack of Texas-directed contacts. | Yes; Fraziers pleaded sufficient basis for jurisdiction. |
| Do contract-related facts support specific jurisdiction? | Contractual actions in Texas created purposeful availment. | Signatures in representative capacity negate individual contacts. | Yes; contract activity constituted purposeful contacts supporting jurisdiction. |
| Do tort claims support specific jurisdiction notwithstanding fiduciary shield? | Individual fraudulent misrepresentation tied to Texas property. | Shield protects corporate officers from jurisdiction. | No; individual torts directed at Texas negate shield. |
Key Cases Cited
- Michiana Easy Livin’ Country, Inc. v. Holten, 168 S.W.3d 777 (Tex. 2005) (minimum contacts and purposeful availment framework)
- Asahi Metal Indus. Co., Ltd. v. Superior Court of Cal., 480 U.S. 102 (1987) (purposeful availment and minimum contacts)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. 1985) (payoff of traditional notions of fair play and substantial justice)
- World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (U.S. 1980) (foreseeability as a component of jurisdictional analysis)
- Retamco Operating, Inc. v. Republic Drilling Co., 278 S.W.3d 333 (Tex. 2008) (real property contracts create continuing contacts in Texas)