Pelt v. BankCard USA Merchant Services, Inc.

Summary

The Alabama Supreme Court granted First Western Bank's petition for a writ of mandamus challenging the denial of its motion to dismiss for lack of personal jurisdiction. The court held that Pelt's complaints did not expressly allege that BankCard acted as First Western's agent, and therefore the alleged conduct could not be imputed to First Western to establish specific jurisdiction. The court directed the trial court to dismiss First Western from the action.

Holdings

1. A petition for a writ of mandamus is the proper device to challenge the denial of a motion to dismiss for lack of in personam jurisdiction, and relief is available upon a showing of a clear legal right to dismissal.
2. Absent waiver of personal-jurisdiction objections, a complaint that does not expressly allege an agency relationship as the basis for jurisdiction cannot support the exercise of personal jurisdiction over an out-of-state defendant for the acts of a purported agent.
3. The trial court lacked a sufficient pleading basis to exercise specific personal jurisdiction over First Western because Pelt's complaint did not expressly allege that BankCard acted as First Western's agent in sending the facsimile.

Questions Presented

1. Whether mandamus was the proper method to challenge the denial of First Western's motions to dismiss for lack of personal jurisdiction.
2. Whether Pelt's complaint expressly alleged an agency relationship sufficient to permit Alabama courts to exercise specific personal jurisdiction over First Western for BankCard's conduct.
3. Whether the trial court could exercise personal jurisdiction over First Western based on BankCard's alleged agency without an express agency allegation in the complaint.

Disposition

writ_granted