John S. Lee v. Mark Towle, individually, and d/b/a "Gotham Garage"

Summary

The Supreme Court of Appeals of West Virginia affirmed the dismissal of John S. Lee’s breach-of-contract action against Mark Towle for lack of personal jurisdiction. The court held that the circuit court’s factual findings following an evidentiary hearing were not clearly erroneous, particularly its determination that Lee initiated contact with Towle in California and that the evidence undermined Lee’s testimony.

Holdings

1. Because the circuit court took petitioner's sworn testimony at an evidentiary hearing, its factual findings on the renewed motion to dismiss were reviewed under the clearly erroneous standard, and its credibility determinations were entitled to deference.
2. The circuit court did not clearly err in finding that the evidence did not establish personal jurisdiction over Towle in West Virginia, and dismissal of Lee's action was proper.

Questions Presented

1. Whether the circuit court properly dismissed the action for lack of personal jurisdiction after conducting an evidentiary hearing and reconsidering the issue in light of the March 21, 2007 email.
2. Whether the circuit court's factual findings concerning the email and the credibility of petitioner's testimony were clearly erroneous.
3. Whether the appellate court could consider materials that were not properly admitted or presented to the circuit court.

Disposition

affirmed