Kelley v. Rockingham Boat Club, Inc. (Ex parte Rockingham Boat Club, Inc.)

Supreme Court of Alabama
Kelley v. Rockingham Boat Club, Inc. (Ex parte Rockingham Boat Club, Inc.), 252 So. 3d 1077 (Ala. 2017)
Sellers, Shaw

Kelley v. Rockingham Boat Club, Inc. (Ex parte Rockingham Boat Club, Inc.)

Dissenting Opinion

SELLERS , Justice (dissenting).

I respectfully dissent. A single isolated sale, in this case of a boat, even when coupled with an agreement to undertake to make minor repairs, is an insufficient basis on which to establish in personam jurisdiction. Jurisdiction depends on the nature and extent of a defendant's in-state activities. In this case, the defendant, Rockingham Boat Club, Inc., did not target Alabama or otherwise specifically direct its commercial activities toward Alabama so as to benefit from the protections afforded by Alabama's laws. For jurisdiction to exist, a defendant's activities must create a substantial nexus with Alabama; one isolated sale is not sufficient. I would issue the writ and direct the trial court to dismiss the action.

Opinion of the Court

SHAW, Justice.

PETITION DENIED. NO OPINION.

Stuart, C.J., and Bolin, Parker, Murdock, Main, Wise, and Bryan, JJ., concur.

Sellers, J., dissents.

Reference

Full Case Name
EX PARTE ROCKINGHAM BOAT CLUB, INC. (In re: Keith Edward Kelley, Jr. v. Rockingham Boat Club, Inc.)
Status
Published