De Prins v. Van Damme, 12-97-00082-CV
| Citation | 953 S.W.2d 7 |
| Decision Date | 31 July 1997 |
| Docket Number | No. 12-97-00082-CV,12-97-00082-CV |
| Parties | Maurits L. DE PRINS, Appellant, v. Willy VAN DAMME, F. Crols, and Trends, N.V., Appellees. |
| Court | Court of Appeals of Texas |
David M. Taylor, Gary C. Wallace, Joseph J. Mastrogiovanni, Dallas, for appellant.
Louis P. Bickel, Michael Lowenberg, P.C., James R. Lancaster, Jeffrey Goldfarb, Akin, Gump, Strquss, Hauer & Feld, L.L.P., Dallas, Otis Carroll, Ireland, Carroll & Kelley, P.C., Tyler, for appellees.
Before RAMEY, C.J., and HOLCOMB and HADDEN, JJ.
Maurits L. De Prins ("De Prins"), plaintiff below, appeals the order of the trial court sustaining defendants' Willy Van Damme ("Van Damme"), F. Crols ("Crols"), and Trends, N.V. ("Trends") (collectively "Appellees") special appearance and dismissal for lack of jurisdiction. Two points of error are assigned. We will affirm.
According to the record, De Prins is a Belgian resident and citizen. Van Damme is a journalist, and a citizen and resident of Belgium. Trends is a Belgian corporation that publishes a Belgian magazine called "Trends." Crols, a citizen and resident of Belgium, is the editor-in-chief of Trends.
In his lawsuit, De Prins asserted that Van Damme, while at home in Belgium, telephoned two residents of Texas. During these phone conversations, the journalist allegedly slandered De Prins by claiming that he had been indicted, was the subject of investigations in Belgium, and owed millions of dollars. De Prins further maintained that Van Damme was within the course and scope of his employment or was the agent of Trends while making these calls in preparation for writing an article on the activities of De Prins and the Super Club. De Prins filed suit against the journalist, the magazine, and the editor, contending that the statements made to the Texas residents were untrue and damaging to his reputation.
Pursuant to TEX.R. CIV. P. 120a, Appellees filed special appearances supported by affidavits in a plea to the jurisdiction of the court. These sworn statements alleged that Van Damme was a freelance journalist and that he only occasionally sold articles to Trends for publication. The affidavits also stated the following grounds for dismissal of the lawsuit: 1) none of the defendants had any previous substantial contacts with the State of Texas; 2) requiring them to defend the case in Texas would be burdensome because of language and unfamiliarity with the laws of Texas; 3) Belgium would be the most consistent forum to litigate the dispute; 4) the expense would be great; 5) Van Damme was physically incapacitated and could not appear in Texas; and 6) requiring them to appear and answer would not comply with the constitutional mandate of "fair play and substantial justice" under the due process clause of the Fourteenth Amendment. De Prins objected to the defendants' affidavits in regards to lack of "minimum contacts," complaining that the information provided by the affidavits had not been properly produced in supplemental response to his discovery requests. The trial court proceeded to dismiss all defendants for lack of jurisdiction.
In his first point of error, De Prins claims that the record establishes jurisdiction as a matter of law. He alleges that since Appellees failed to dispute Van Damme's telephone calls, the content and falsity of Van Damme's statements, or that the slander occurred in Texas, Texas courts have specific jurisdiction over them.
Appellees argue that De Prins did not assert a point of error challenging the district court's analysis of the "fair play and substantial justice" factors, nor expressly challenge any underlying factual finding. Consequently, he cannot attack the legal sufficiency of the trial court's conclusion. We disagree. In order to adjudicate the rights of the litigants justly, fairly, and equitably, we will construe De Prins' point of error liberally. Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995).
For a more definitive understanding of the issues before the trial court and upon what factors it based its decision, the trial court's findings of fact and conclusions of law are set forth below.
1. Plaintiff Maurits L. De Prins is a Belgian citizen. Plaintiff resides in Belgium.
2. Trends, N.V., is a corporation organized under the laws of Belgium. Trends publishes a magazine called Trends. Trends is published in the Dutch language. Trends is a Belgian business publication with its offices in Belgium.
3. Trends does not maintain, and is not required to maintain, a registered agent in Texas. Trends has never maintained a place of business in Texas, and has never had or maintained employees, servants or agents in Texas. Trends has never owned any property or any business located in Texas.
4. Trends has no subscribers in the state of Texas. Trends has no agreements with any person or entity for distribution of its magazine in the United States.
5. Trends has never recruited any employees in Texas. Trends has never contracted with any individual or business entities in Texas. Trends has never owned real or personal property in Texas or the United States. Trends has never conducted any marketing or advertising in Texas. Trends has never applied for or received loans or lines of credit with or from any financial institution in Texas.
6. Trends has never called or written anybody in Texas about Maurits L. De Prins at any time nor had anyone do so.
7. Since 1986, there have been only two occasions when an employee of Trends went to Texas. In or about 1986, a Belgian employee of Trends went to Dallas to interview a Belgian businessman. In approximately September 1995, a Belgian employee of Trends, while elsewhere in the United States on other business, went to Dallas/Fort Worth to search public real estate records.
8. Frans Crols is editor-in-chief of Trends and has been since 1986. Frans Crols is a citizen and resident of Belgium, and his native language is Dutch. Mr. Crols lives in Antwerp, Belgium.
9. Frans Crols has never been to Texas. Frans Crols has never maintained a residence or place of business in Texas, and has never had or maintained employees, servants, or agents in Texas. Frans Crols has not ever owned any property or any businesses located in Texas.
10. Frans Crols has never recruited any employees in Texas. Mr. Crols has never contracted with any individuals or business entity in Texas. Mr. Crols does not own or lease, and has never owned or leased, any oil, gas or mineral interest in Texas.
11. Other than the above-captioned cause, Frans Crols has never appeared in any Texas court or been named as a party to any legal proceeding in Texas. Mr. Crols has never paid taxes to any Texas governmental agency. Mr. Crols has never had a bank account, investments or brokerage accounts in Texas. Mr. Crols has never applied for or received loans or lines of credit with or from any financial institution in Texas. Mr. Crols has never conducted any marketing or advertising in Texas.
12. Other than the lawyers associated with the above-captioned matter, Mr. Crols has never employed any lawyer, accountant, consultant or independent contractor in Texas. Mr. Crols has never been a shareholder of any Texas corporation or any corporation with its principal place of business in Texas.
13. Mr. Willy Van Damme is a resident and citizen of Belgium.
14. Mr. Willy Van Damme has never been an employee of Trends, N.V. Trends pays Mr. Van Damme only for articles he submits which are published in the magazine. No one with Trends ever instructed Willy Van Damme in any detail or manner of his work as a freelance writer. No one with Trends was aware that Mr. Van Damme called anyone in Texas or the United States at any time with reference to Maurits L. De Prins or anything else. No one at Trends instructed him to do so. There has never been any instruction for Willy Van Damme to call anyone anywhere.
15. Mr. Van Damme has never been to Smith County or any other county in Texas. Mr. Van Damme has never been to the United States. Mr. Van Damme has never maintained a residence or place of business in Texas, and has never had employees, servants or agents in Texas. Mr. Van Damme does not own and has never owned any property or any businesses located in Texas. Mr. Van Damme has never had any offices or employees in Texas. Mr. Van Damme has not ever recruited any employees in Texas. Mr. Van Damme has never contracted with any individuals or business entities in Texas.
16. Mr. Van Damme does not and has never owned any real or personal property in Texas or the United States. Mr. Van Damme does not own or lease, and has never owned or leased, any oil, gas or mineral interest in Texas. Other than the above-captioned case, Mr. Van Damme has never appeared in any Texas court or been named as a party to any legal proceeding in Texas. Mr. Van Damme has never paid taxes to any Texas governmental agency. Mr. Van Damme has never had any bank account, investments or brokerage accounts in Texas. Mr. Van Damme has never applied for or received loans or lines of credit with or from any financial institution in Texas. Mr. Van Damme has never conducted any marketing or advertising in Texas. Other than those associated with this case, Mr. Van Damme has never employed any lawyer, accountant, consultant or independent contractor in Texas. Mr. Van Damme has never been a shareholder of any Texas corporation or any corporation with a principal place of business in Texas.
17. Mr. Van Damme is a freelance journalist. Since 1979, Mr. Van Damme has submitted articles to Trends for publication. Mr. Van Damme receives payment from Trends only for stories he submits which are published in the magazine.
18. In the course of investigating and preparing articles for Trends magazine concerning Maurits L. De Prins, Mr. Van Damme consulted with various individual sources. He assured such sources that their identities, and in some cases, information,...
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