Horne, et al. v. Mobile Area Water & Sewer Sys., et al.


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Docket Number: 2002-CA-01874-SCT
Linked Case(s): 2002-CA-01874-SCT
Supreme Court: Opinion Link
Opinion Date: 07-15-2004
Opinion Author: Cobb, P.J.
Holding: Reversed and Remanded
Additional Case Information: Topic: Property damage - Conversion to summary judgment - M.R.C.P. 12(b)(2) - M.R.C.P. 56 - Personal jurisdiction - Long-arm statute - Section 13-3-57
Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ.
Non Participating Judge(s): Diaz, J.
Procedural History: Dismissal
Nature of the Case: CIVIL - PROPERTY DAMAGE
Trial Court: Date of Trial Judgment: 10-21-2002
Appealed from: Jackson County Chancery Court
Judge: Donald Patterson
Disposition: Dismissed Horne’s complaint for lack of personal jurisdiction.
Case Number: 99-2027
Note: nature of case - property damage
  Party Name: Attorney Name:  
Appellant: Phillip Horne, et al.




 BRETT K. WILLIAMS KEVIN C. BRADLEY JAMES H. COLMER, SR. WILLIAM L. DENTON DAVID ELIAS KIHYET DAVID O. McCORMICK PAUL T. BENTON TANYA L. HASBROUCK H. R. WILDER



  
Appellee: Mobile Area Water & Sewer System, Board of Water & Sewer Commissioners of the City of Mobile, Alabama, and City of Mobile, Alabama TIMOTHY DALE CRAWLEY EMILY BURKE RYAN ALBEN N. HOPKINS BEAU A. STEWART JAMES GORDON HOUSE, III  
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Topic: Property damage - Conversion to summary judgment - M.R.C.P. 12(b)(2) - M.R.C.P. 56 - Personal jurisdiction - Long-arm statute - Section 13-3-57
Summary of the Facts: Phillip Horne and approximately 350 other owners of property in Jackson County filed an action against the Mississippi Power Company, Mobile Area Water & Sewer System, Board of Water & Sewer Commissioners of the City of Mobile, the City of Mobile and John Does A-J, alleging negligence, strict liability, nuisance, trespass, and outrageous conduct, and in addition, requesting injunctive relief. The special chancellor granted the motions of the City and the Board, dismissing Horne’s complaint for lack of personal jurisdiction. Finding no just reason for delay, the chancellor directed entry of a final judgment as to the Board and the City pursuant to M.R.C.P. 54(b). Horne appeals.
Summary of Opinion Analysis: Issue 1: Conversion to summary judgment The chancellor referred to matters outside the pleadings in ruling on the Rule 12(b)(2) motion. Horne argues that the motion was, therefore, converted to one for summary judgment. There is no case in which the Supreme Court has addressed the issue of whether a motion to dismiss for lack of personal jurisdiction under Rule 12(b)(2) is converted to one for summary judgment (as is a Rule 12(b)(6) motion) where the trial court considers matters outside the pleadings. Applying F.R.C.P. 12(b)(2), the Fifth Circuit has concluded that a motion to dismiss for lack of personal jurisdiction is not converted to a Rule 56 motion when the trial court considers matters outside the pleadings. This majority position of the federal courts is the better rule. Therefore, the summary judgment standard of review should not be applied in this case. Issue 2: Personal jurisdiction In determining whether a Mississippi court may exercise personal jurisdiction over a nonresident defendant, two questions must be addressed. The first question is whether the defendant is amenable to suit here by virtue of section 13-3-57, the long-arm statute, and the second question is whether the defendant is amenable to suit in Mississippi consistent with the due process clauses of the federal and state constitutions. Horne argues that a tort occurs in Mississippi for purposes of the long-arm statute when the injury occurs inside the State but the injury-causing act is committed in another state. For purposes of our long-arm statute, a tort is committed in Mississippi when the injury results in this State. This is true because an injury is necessary to complete a tort. Consequently, Horne suffered a tort in Mississippi for purposes of the long-arm statute because the plaintiffs’ property was damaged inside the boundaries of this State. The City of Mobile is an independent municipal corporation. The Board is an independent, separate arm or instrumentality of the State of Alabama. Therefore, the City and the Board are both governmental entities of the State of Alabama. There is no reported Mississippi decision that classifies foreign governmental entities for purposes of the statute. Since our state’s long-arm statute gives Mississippi courts power over any person, firm, general or limited partnership, or any foreign or other corporation, jurisdiction was proper. Due process requires 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. A defendant has minimum contacts with a state if the defendant has purposefully directed his activities at residents of the forum and the litigation results from alleged injuries that arise out of or relate to those activities. Here, the City and the Board purposefully directed their activities toward Mississippi property owners, by opening the spillway to its maximum capacity. There is no question that the City and Board knew the water would flow into Mississippi. This action resulted from the alleged injuries that arose out of the activities. Therefore, the City and the Board had sufficient minimum contacts with Mississippi to warrant application of our long-arm statute. Maintenance of the suit does not offend traditional notions of fair play and substantial justice since Mississippi residents were injured, Mississippi property was destroyed, and the City and the Board continue to release water.


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