 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Byers v. Auto-Owners Insurance Co.11/21/2003
t as the Tennessee summary judgment was not entitled to full faith and credit as to Byers. It is from that ruling that Auto-Owners third point stems. Auto-Owners' third point on appeal is that the Missouri trial court erred failing to find that, under the principles of res judicata or collateral estoppel, the Tennessee judgment was dispositive as to the Missouri equitable garnishment action.
Without citation to any authority, the premise of Auto-Owners' third point is that Byers had an obligation to bring her Motion to Dismiss to the attention of the Tennessee court for ruling at some point prior to that court's entry of summary judgment, and that her failure to do so warrants a finding that the trial court denied her motion by implication. Auto-Owners does not address whether it had any obligation to bring to the court's attention the motion or whether in personam jurisdiction may be obtained in the State of Tennessee in a ruling by implication. Auto-Owners argues that Byers could have ignored the proceedings in the State of Tennessee altogether with a claim of no personal jurisdiction, but that once she raised the issue in her pleading she had an obligation to obtain from the Tennessee court a ruling on her motion.
In examining the issue of in personam jurisdiction over Byers, we must determine whether or not she was an indispensable party to the Tennessee action. The nature of declaratory relief requires that "every person having an affected interest [in an action] be given notice and an opportunity to be heard before declaratory relief may be granted." Huntsville Util. Dist. v. General Trust Co ., 839 S.W.2d 397, 403 (Tenn. App. 1992). Further, the Tennessee Code provides that: "When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings." Tenn. Code Ann. Section 29-14-107(a) (Repl. 2000). Here, there is no question that Byers is a necessary party to the declaratory judgment action brought by Auto-Owners in the State of Tennessee. Any judgment stemming from the outcome of the matter would irrevocably affect and possibly prejudice her rights relating to her previous wrongful death claim. Therefore, the dispositive question is whether the Tennessee court assumed personal jurisdiction over Byers in its summary judgment ruling in favor of Auto-Owners.
Contrary to Auto-Owners' assertion that Byers should have obtained a ruling on her Motion to Dismiss, according to Tennessee law, it was Auto-Owners who bore the burden of establishing that the Tennessee court had jurisdiction. It is " he plaintiff in an action bears the burden of establishing a prima facie case that exercising personal jurisdiction over the defendant is proper." Manufacturers Consolidation Serv., Inc. v. Rodell, 42 S.W.3d 846, 854 (Tenn. App. 2002). "If the defendant challenges the trial court's personal jurisdiction over him by filing a properly supported motion to dismiss, 'the plaintiff may not stand on his pleadings but must, by affidavit or otherwise, set forth specific facts showing that the court has jurisdiction.'" Id. at 854-855 (quoting Theunissen v. Matthews , 935 F.2d 1454, 1458 (6th Cir. 1991)). In this case, not only did Auto-Owners fail to prove that the Tennessee court had jurisdiction over Byers, but it also failed to request that the court explore the matter further by requesting a hearing or presenting additional evidence.
Likewise, Auto-Owners' contention that the Motion to Dismiss was overruled by implication has no merit. As noted, Auto-Owners failed to cite any cases for the proposition that a motion to dismiss fo
Page 1 2 3 4 5 6 7 8 9 10 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|