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Linkamerica Corp. v. Cox5/26/2005
s adjudicative process and render a valid judgment over a person. Brockman v. Kravic, 779 N.E.2d 1250, 1254 (Ind. Ct. App. 2002). When we review questions of whether personal jurisdiction exists, we employ a de novo standard of review. Pozzo Truck Ctr., Inc. v. Crown Beds, Inc., 816 N.E.2d 966, 969 (Ind. Ct. App. 2004); see also Anthem Ins. Cos. v. Tenet Healthcare Corp., 730 N.E.2d 1227, 1238 (Ind. 2000).
LinkAmerica properly challenged the Indiana court's jurisdiction pursuant to Indiana Trial Rule 12(B)(2). See Anthem, 730 N.E.2d at 1231. Once LinkAmerica challenged the lack of personal jurisdiction, the Coxes had to present evidence that there was personal jurisdiction over LinkAmerica. Id. LinkAmerica, however, "bears the burden of proving the lack of personal jurisdiction by a preponderance of the evidence, unless the lack of jurisdiction is apparent on the face of the complaint." Id.
To determine whether personal jurisdiction exists in this state, courts employ a two-part test. First, the court determines if the defendant's contacts with Indiana fall under our equivalent of a long-arm statute, Indiana Trial Rule 4.4(A). Id. at 1232; see also Ind. Trial Rule 4.4(A). If this part is satisfied, the court must then determine whether the defendant's contacts satisfy federal due process analysis under the Due Process Clause of the Fourteenth Amendment of the United States Constitution. Anthem, 730 N.E.2d at 1232; see Int'l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945) (" ue process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend `traditional notions of fair play and substantial justice.'").
Regarding the first prong, Indiana Trial Rule 4.4(A) provides:
(A) Acts Serving as a Basis for Jurisdiction. Any person or organization that is a nonresident of this state, a resident of this state who has left the state, or a person whose residence is unknown, submits to the jurisdiction of the courts of this state as to any action arising from the following acts committed by him or her or his or her agent:
(1)doing any business in this state;
(2)causing personal injury or property damage by an act or omission done within this state;
(3)causing personal injury or property damage in this state by an occurrence, act or omission done outside this state if he regularly does or solicits business or engages in any other persistent course of conduct, or derives substantial revenue or benefit from goods, materials, or services used, consumed, or rendered in this state;
(4)having supplied or contracted to supply services rendered or to be rendered or goods or materials furnished or to be furnished in this state;
(5)owning, using, or possessing any real property or an interest in real property within this state;
(6)contracting to insure or act as surety for or on behalf of any person, property or risk located within this state at the time the contract was made;
(7)living in the marital relationship within the state notwithstanding subsequent departure from the state, as to all obligations for alimony, custody, child support, or property settlement, if the other party to the marital relationship continues to reside in the state; or
(8)abusing, harassing, or disturbing the peace of, or violating a protective or restraining order for the protection of, any person within the state by an act or omission done in this state, or outside this state if the act or omission is part of a continuing course of
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