Soileau v. Evangeline Farmer's Co-op
| Decision Date | 25 June 1980 |
| Docket Number | No. 7710,CO-OP,7710 |
| Citation | 386 So.2d 179 |
| Parties | Frederick SOILEAU, Plaintiff-Appellee, v. EVANGELINE FARMER'Set al., Defendants-Appellants. |
| Court | Court of Appeal of Louisiana — District of US |
Dubuisson, Brinkhaus & Dauzat, Jerry J. Falgoust, Opelousas, for defendants-appellants.
Fruge & Vidrine, Richard W. Vidrine, Ville Platte, Sessions, Fishman, Rosenson, Boisfontaine and Nathan by Robert C. Lowe, New Orleans, for plaintiff-appellee.
Before GUIDRY, DOUCET and LABORDE, JJ.
Plaintiff, Frederick Soileau, instituted this suit for damages, alleging as grounds therefor that he purchased 75 bushels of soybean seed, purported to be the "Dare" variety, which in actuality were a mixed variety which caused uneven plant maturity with a concomitant loss of yield and damages to the soybeans harvested. Made defendants were Evangeline Farmers Co-op, Inc. (Evangeline); Southern Farmers Association (SFA); Collier-Cain-Alexander Seed and Grain Company (Collier); and Miller Mutual Insurance Company, insurer of Evangeline.
Plaintiff purchased the soybean seed in question on April 24, 1978, from Evangeline, a Louisiana corporation. Evangeline had purchased the seed from SFA, a foreign corporation authorized to do business in Louisiana, who, in turn, had purchased the seed from Ring Around Products, Inc. (Ring Around), a foreign corporation authorized to do business in Louisiana, who originally purchased the seed from Collier, an Arkansas partnership, which grew the seed and packaged it for sale.
After the initial filing of suit, SFA filed a third party demand against Ring Around, who thereafter, filed a third party demand against Collier. Collier filed an exception of lack of personal jurisdiction to the original lawsuit and the third party demand of Ring Around and an exception of insufficiency of service of process to the plaintiff's petition.1 Trial of the exceptions was fixed for October 30, 1979. On October 16, 1979, Ring Around caused a subpoena duces tecum to be issued to Collier through its attorney of record ordering the production of certain business records for the hearing on the exceptions set for October 30, 1979. On October 24, 1979, Collier filed a motion for a protective order seeking to have the court quash the previously ordered subpoena duces tecum or to limit the records ordered to be produced in compliance therewith. All exceptions and the motion were heard on October 30, 1979, and in a judgment rendered without written reasons on November 28, 1979, the trial court ruled in favor of Collier on all issues sustaining both exceptions and the motion for a protective order, and dismissed plaintiff's demand and Ring Around's third party demand against Collier. From this judgment plaintiff and Ring Around have appealed.
Appellants rely on Louisiana's Long Arm Statute, which is contained in LSA-R.S. 13:3201, and specifically section (d) thereof, to support the proposition that Collier is amenable to suit in this state. LSA-R.S. 13:3201 provides in part as follows:
"A court may exercise personal jurisdiction over a nonresident who acts directly or by an agent, as to a cause of action arising from the nonresident's
(a) transacting any business in this state ;
(b) contracting to supply services or things in this state (c) causing injury or damage by an offense or quasi offense committed through an act or omission in this state;
(d) causing injury or damage in this state by an offense or quasi offense committed through an act or omission outside of this state if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this state ; . . . "
It is well settled that the legislative intent in enacting this statute was to extend personal jurisdiction of Louisiana courts over non-residents to the full limits of due process, i. e., to any non-resident who has "minimum contacts" with this state. Drilling Engineering, Inc. v. Independent Indonesian American Pet. Co., 283 So.2d 687 (La.1973), and Aucoin v. Hanson, 207 So.2d 834 (La.App. 3rd Cir. 1968). This jurisprudence requires a liberal interpretation of LSA-R.S. 13:3201 in favor of finding jurisdiction. Adcock v. Surety Research & Inv. Corp., 344 So.2d 969 (La.1977); Latham v. Ryan, 373 So.2d 242 (La.App. 3rd Cir. 1979).
The finding of jurisdiction over non-residents involves an evaluation of the factual circumstances of the case in light of federal constitutional principles. In order for the proper exercise of jurisdiction in personam over a non-resident there must be sufficient minimum contacts between the non-resident defendant and the forum state to satisfy due process and "traditional notions of fair play and substantial justice" as required by Shaffer v. Heitner, 433 U.S. 186, 97 S.Ct. 2569, 53 L.Ed.2d 683 (1977); International Shoe Company v. State of Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945); and McGee v. International Life Insurance Company, 355 U.S. 220, 78 S.Ct. 199, 2 L.Ed.2d 223 (1957). Whether or not a particular defendant has sufficient minimum contacts with a state is to be determined from the facts and circumstances peculiar to each case. Drilling Engineering, Inc. v. Independent Indonesian American Pet. Co., 283 So.2d 687 (La.1973).
The evidence adduced at the hearing on the exceptions shows that Collier is an Arkansas partnership, and has never qualified or been authorized to do business in Louisiana. It employs no personnel in Louisiana, has no salesmen, telephone or office here, and has no appointed agent for service of process in Louisiana. Collier's sales are FOB their plant in McCroy, Arkansas, and the responsibility of arrangements for the shipment of seed purchased is on the buyer as Collier owns no trucks and makes no deliveries. Collier sells seed to Ring Around, d/b/a Moss Seed Company out of Little Rock, Arkansas. Ring Around introduced into evidence thirty-seven invoices it had received from Collier in connection with seed purchases made in 1978. On each invoice is reflected the quantity and description of seed purchased, the purchase price, and the place where the seeds were being shipped. Ten of the invoices reflected that seed purchases totalling the amount of $65,057.50 were made by Ring Around from Collier for shipment to Evangeline in Ville Platte, Louisiana. The remaining twenty-seven invoices reflected that seed purchases totalling the amount...
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