Rob McCready v. Joel Mayor and Beth Mayor

Summary

The Texas Court of Appeals, Third District, held that Texas lacked specific personal jurisdiction over a California property owner sued by Texas residents for breach of a vacation-rental contract concerning California property. The court reversed the order denying the special appearance and rendered judgment dismissing the suit against the defendant.

Holdings

1. The Mayors' allegations that McCready was conducting business in Texas, entered into a rental agreement with them, accepted approximately $3,182.80, and failed to perform or return the payment were sufficient to satisfy the minimal pleading requirement and bring McCready within the scope of the Texas long-arm statute.
2. Texas lacked specific personal jurisdiction over McCready because his contract with Texas residents concerned California property, his general online advertising was not directed at Texas, and the payment and refund-related contacts with Texas were merely fortuitous rather than purposeful availment.

Questions Presented

1. Whether the Texas district court could exercise specific personal jurisdiction over California resident Rob McCready based on his online advertisement and rental agreement with Texas residents for property located in California.
2. Whether McCready's contacts with Texas constituted purposeful availment sufficient to satisfy the Texas long-arm statute and federal due-process requirements.

Disposition

reversed_and_remanded