White Outdoor v. American Roll Stock, Unpublished Decision (6-28-2000)
White Outdoor v. American Roll Stock, Unpublished Decision (6-28-2000)
Opinion of the Court
On December 14, 1995, American Roll Stock Company, Incorporated ("ARS"), executed an agreement with White Outdoor Products Company ("White") whereby ARS was to become a dealer of White's products ("Dealership Agreement"). White is an Ohio corporation headquartered in Cleveland, Ohio, and has its principal place of business in Medina, Ohio. ARS is located in Texas, which is also its principal place of business. Generally, the agreement provided that White would provide ARS with goods on credit and that ARS would be an independent dealership for White's products. To protect against the possibility of default by ARS, Mrs. Brueggemann executed a personal guaranty to White, which was appended to the Dealership Agreement after the signature lines of the Dealership Agreement. Mrs. Brueggemann is a resident of Texas and executed the personal guaranty in Texas. On June 1, 1997, the Dealership Agreement was terminated.
On July 6, 1998, White filed suit in the Medina County Court of Common Pleas seeking the amount that was then past due under the Dealership Agreement plus interest and attorney fees. White sought recovery against both ARS, under the Dealership Agreement, and Mrs. Brueggemann, under the personal guaranty. Mrs. Brueggemann moved to dismiss the action against her pursuant to Civ.R. 12(B) for want of personal jurisdiction. White responded in opposition on August 18, 1998. The trial court denied Mrs. Brueggemann's motion to dismiss on September 10, 1998. Upon White's motion, the trial court entered default judgment against ARS on May 18, 1999. On July 13, 1999, White moved for default judgment against Mrs. Brueggemann. The trial court granted White's motion for default judgment against Mrs. Brueggemann on August 26, 1999. This appeal followed.
Mrs. Brueggemann asserts one assignment of error:
THE TRIAL COURT ERRED WHEN IT OVERRULED THE DEFENDANT-APPELLANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND ENTERED JUDGMENT AGAINST DEFENDANT-APPELLANT CAROLINA T. BRUEGGEMANN IN FAVOR OF PLAINTIFF-APPELLEE WHITE OUTDOOR PRODUCTS COMPANY.
Mrs. Brueggemann avers that the trial court erred in denying her motion to dismiss for lack of personal jurisdiction. She asserts that because ARS and herself reside in Texas and executed the agreement in Texas, the Medina County Court of Common Pleas does not have personal jurisdiction over her. We disagree.
When determining whether a state court has personal jurisdiction over a nonresident individual, "the court must determine whether the state's `long-arm' statute [R.C.
R.C.
(A) A court may exercise personal jurisdiction over a person who acts directly or by an agent, as to a cause of action arising from the person's:
(1) Transacting any business in this state;
* * *
(C) When jurisdiction over a person is based solely upon this section, only a cause of action arising from acts enumerated in this section may be asserted against him.
In the instant case the Dealership Agreement provided that
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. * * * DEALER hereby consents to the jurisdiction of all courts in Ohio in the event that litigation concerning any part of this Agreement occurs, and DEALER expressly waives any defense attacking or questioning the jurisdiction of the Ohio courts or the proper venue therein.
Moreover, the personal guaranty states that "This guaranty shall for all purposes be deemed to be made in, and shall be governed by, the laws of the State of Ohio."
Generally, "`a freely negotiated private agreement, unaffected by fraud, undue influence, or overweening bargaining power * * * should be given full effect.'" Carnival,
An additional basis of our decision rests on statutory construction as the language of R.C.
Mrs. Brueggemann's assignment of error is overruled. The judgment of the Medina County Court of Common Pleas is affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the County of Medina, Court of Common Pleas, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E).
Costs taxed to Appellant.
Exceptions. _____________________ WILLIAM G. BATCHELDER
SLABY, J., CARR, J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.