ETS Payphone, Inc. v. TK INDUSTRIES
Decision Date | 01 March 1999 |
Docket Number | No. A98A2295.,A98A2295. |
Parties | ETS PAYPHONE, INC. v. TK INDUSTRIES et al. |
Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Glenville Haldi, Atlanta, for appellant.
Gorby & Reeves, Michael J. Gorby, Atlanta, for appellees.
ETS Payphone, Inc. appeals from the trial court's dismissal, for lack of personal jurisdiction, of its complaint against TK Industries for breach of contract and fraud. TK Industries, a non-resident of Georgia, is not subject to personal jurisdiction under the Long Arm Statute, specifically OCGA § 9-10-91(1) or (3), and therefore, we affirm.
On a motion to dismiss for lack of personal jurisdiction, a (Punctuation omitted.) Intl. Capital Realty Investment Co. v. West, 234 Ga.App. 725, 727(1), 507 S.E.2d 545 (1998).
Viewing the facts in the light most favorable to the exercise of personal jurisdiction, the record shows that TK Industries, a Florida corporation, is in the business of acquiring and selling payphone routes. Kim Neill, Chief Executive Officer of TK Industries, learned that ETS Payphone might be interested in purchasing a certain route located in New York State. Previously, on her only visit to ETS Payphone's office, Neill had expressed a general interest in doing business with ETS Payphone. Neill contacted ETS Payphone by telephone from Florida about the New York route. Thereafter, ETS Payphone and TK Industries entered into a letter of intent and agreement with regard to the New York route. All communications or negotiations for the letter of intent took place either by mail or by phone.
The letter of intent provided for a surety deposit in the amount of $25,000. It further provided, in part, ETS Payphone did not notify TK Industries of its intent to purchase within the specified time, and TK Industries then forfeited the deposit. ETS Payphone subsequently filed suit for breach of contract, fraud and conversion against TK Industries and Kim Neill in Douglas County Superior Court.
1. ETS Payphone contends the trial court erred by dismissing the complaint, arguing that personal jurisdiction could be based on the breach of contract claim. The trial court properly found that it had no jurisdiction over TK Industries or Kim Neill with respect to the breach of contract claim. (Punctuation omitted.) Flint v. Gust, 180 Ga.App. 904, 905(1), 351 S.E.2d 95 (1986), rev'd on other grounds, Gust v. Flint, 257 Ga. 129, 356 S.E.2d 513 (1987). There is no evidence that TK Industries or Kim Neill negotiated the letter of intent in this state or otherwise transacted business here. Neill's single visit to Georgia is insufficient to establish jurisdiction over either her or TK Industries. Mayacamas Corp. v. Gulfstream Aerospace Corp., 190 Ga.App. 892(1), 380 S.E.2d 303 (1989). Furthermore, it is undisputed that all of the...
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