Transportacion Especial Autorizada, S.A. de C.V. v. Seguros Comercial America, S.A. de C.V.

• Decision Date: 15 October 1998
• Docket Number: No. 03-98-00068-CV,03-98-00068-CV
• Citation: 978 S.W.2d 716
• Parties: TRANSPORTACION ESPECIAL AUTORIZADA, S.A. DE C.V., Appellant, v. SEGUROS COMERCIAL AMERICA, S.A. DE C.V., Appellee.
• Court: Texas Court of Appeals

Page 716

978 S.W.2d 716

TRANSPORTACION ESPECIAL AUTORIZADA, S.A. DE C.V., Appellant, v. SEGUROS COMERCIAL AMERICA, S.A. DE C.V., Appellee.

No. 03-98-00068-CV.

Court of Appeals of Texas,

Austin.

Oct. 15, 1998.

Rehearing Overruled Nov. 30, 1998.

J. Alberto Alarcon, Hall, Quintanilla & Alarcon, L.C., Laredo, for Appellant.

Dana K. Martin, Hill Rivkins Loesberg O'Brien, Mulroy & Hayden, Houston, for Appellee.

Before POWERS, KIDD and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

This is an interlocutory appeal arising out of the trial court's denial of a special appearance in a case involving the loss of merchandise being transported from Austin, Texas to Mexico City, Mexico. The question presented is whether a Texas court can assert personal jurisdiction over a Mexican transportation company that contracts with companies in Texas to ship merchandise between Mexican cities. Appellant Transportacion Especial Autorizada, S.A. de C.V. made a special appearance challenging the trial court's personal jurisdiction. After a hearing on the issue, the trial court denied Transportacion Especial's special appearance. We will affirm.

BACKGROUND

On October 21, 1996, Transportacion Especial issued a bill of lading to transport 184 cases of video equipment and electronics from Austin to Mexico City. The merchandise was moved from Austin to Nuevo Laredo, Mexico by several other freight carriers. Transportacion Especial only shipped the merchandise from Nuevo Laredo to Mexico City.

First Air Express, Inc. hauled the equipment from Austin to Texas Forwarding Services, Inc.'s warehouse in Laredo, Texas. Texas Forwarding is a Texas corporation that serves as a forwarding agent for a Mexican customs broker. Texas Forwarding verified, inspected, and classified the merchandise for import into Mexico, and then delivered it to a local cartage company in Laredo. The local cartage company carried the cargo through Mexican customs and delivered it to Transportacion Especial in Nuevo Laredo. Transportacion Especial then transported the goods to their destination in Mexico City.

When the shipment arrived in Mexico City, the owner discovered that some of the merchandise

was missing and filed a claim for the loss with its insurer, appellee Seguros Comercial America S.A. de C.V. Seguros Comercial is a Mexican insurance company. Seguros Comercial paid the claim and sued two of the carriers, Texas Forwarding and Transportacion Especial, for the loss. Transportacion Especial made a special appearance challenging the trial court's personal jurisdiction. After a hearing, the trial court denied Transportacion Especial's special appearance.

DISCUSSION

A Texas court may exercise personal jurisdiction over a nonresident defendant if the following conditions are met: (1) jurisdiction is authorized by the Texas long-arm statute, and (2) the exercise of jurisdiction is consistent with federal and state due process standards. Nikolai v. Strate, 922 S.W.2d 229, 233 (Tex.App.--Fort Worth 1996, writ denied) (citing Schlobohm v. Schapiro, 784 S.W.2d 355, 356 (Tex.1990)). The Texas long-arm statute extends personal jurisdiction to nonresident defendants "doing business" in Texas. Id. The nonresident defendant's "business" in Texas may subject it to two kinds of personal jurisdiction, specific and general. Specific jurisdiction may be imposed when the cause of action "arises out of" the nonresident defendant's contacts with the state. See Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414, 104 S.Ct. 1868, 80 L.Ed.2d 404 (1984). Even if the cause of action does not arise out of the nonresident defendant's contacts with the forum state, the state can adjudicate all matters before the court if the nonresident defendant has continuous and systematic contacts with the state. Id. at 414-16, 104 S.Ct. 1868; Guardian Royal Exch. Assurance, Ltd. v. English China Clays, P.L.C., 815 S.W.2d 223, 227-28 (Tex.1991).

The Texas long-arm statute allows Texas courts jurisdiction to the full extent permitted by the United States Constitution. Guardian Royal, 815 S.W.2d at 226. The only limitations placed on Texas courts in asserting personal jurisdiction over a nonresident defendant are those imposed by the Due Process Clause of the Fourteenth Amendment. See Helicopteros, 466 U.S. at 413-14, 104 S.Ct. 1868. Due process requires a showing that the nonresident defendant has purposefully established "minimum contacts" with Texas and that the maintenance of the suit does not offend "traditional notions of fair play and substantial justice." International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 90 L.Ed. 95 (1945); Guardian Royal, 815 S.W.2d at 230-31.

A nonresident defendant challenging personal jurisdiction bears the burden of proof to negate all bases of personal jurisdiction alleged by the plaintiff. Kawasaki Steel Corp. v. Middleton, 699 S.W.2d 199, 203 (Tex.1985). In its sole issue on appeal, Transportacion Especial claims that the trial court erred in denying its special appearance because (1) the cause of action against Transportacion Especial occurred in Mexico, and (2) Transportacion Especial maintains no business in Texas and has infrequent contact with Texas businesses. Transportacion Especial further asserts that the trial court's exercise of personal jurisdiction offends the notions of fair play and substantial justice because any judgment from a Texas court would not be enforceable in Mexico, Seguros Comercial could seek relief in Mexico because it is a Mexican corporation, and the cause of action did not accrue in Texas. The trial court did not make findings of fact or conclusions of law on Transportacion Especial's special appearance. Therefore, we must imply all necessary findings of fact in support of the trial court's ruling, and will affirm if the judgment can be upheld on any legal theory that is supported by the evidence. Nikolai, 922 S.W.2d at 240 (citing Clark v. Noyes, 871 S.W.2d 508, 511-12 (Tex.App.--Dallas 1994, no writ)).

In this case, Seguros Comercial asserted the trial court had both specific and general jurisdiction over Transportacion Especial. As stated previously, specific jurisdiction arises when the defendant has undertaken some activities in the forum state from which the plaintiff's cause of action originates. Our review of the record reveals some evidence that Seguros Comercial's Even assuming, however, that the trial court could not exercise specific jurisdiction over Transportacion Especial, there is sufficient evidence to support a finding of general jurisdiction. "General jurisdiction may be asserted when the cause of action does not arise from or relate to the nonresident defendant's purposeful conduct within the forum state but there are continuous and systematic contacts between a nonresident defendant and the forum state." Id. at 235 (emphasis in original) (citing Helicopteros, 466 U.S. at 414-16, 104 S.Ct. 1868; Schlobohm, 784 S.W.2d at 357). To assume general jurisdiction, we must first determine whether Transportacion Especial has minimum contacts with Texas. The minimum-contacts requirement for a Texas court to exercise general jurisdiction is more demanding, requiring a showing of substantial activities in Texas. See Guardian Royal, 815 S.W.2d at 228; Schlobohm, 784 S.W.2d at 357. The minimum contacts must arise from action or conduct of the nonresident defendant purposefully directed toward the forum state. Nikolai, 922 S.W.2d at 234 (citing Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474-75, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985)). "Isolated contacts by a nonresident defendant with the forum state or its residents are not sufficient for a court to assume personal jurisdiction over that nonresident defendant." Id.

claims did arise out of Transportacion Especial's contacts with Texas. Although Transportacion Especial did not take possession of the merchandise until it arrived in Mexico, it issued the bill of lading to ship the electronics equipment from Austin to Mexico City. Thus, the merchandise was transported from Austin to Mexico City under one contract issued by Transportacion Especial, and Transportacion Especial was one of the freight carriers who performed under that contract. Seguros Comercial's claims against Transportacion Especial arose out of that contract. Therefore, we conclude that there is some evidence to support a finding of specific jurisdiction over Transportacion Especial.

The evidence is undisputed that Transportacion Especial is a Mexican corporation with its only offices in Mexico; it does not have any employees or representatives in Texas. Transportacion Especial contends that its only contacts with Texas are communications with customs brokers and Texas carriers regarding the receipt of merchandise at Transportacion Especial's facilities in Nuevo Laredo, communications with Texas carriers regarding the use of their equipment in Mexico, and occasional deliveries just inside the Texas border. However, other evidence of "contacts" with Texas was presented at the hearing on Transportacion Especial's special appearance, including the following: (1) receipt of over 150 payments from First Air Express in Austin for shipments originating in Texas and continued business with four or five other Texas carriers for similar numbers of shipments; (2) insurance in Texas covering Transportacion Especial's trucks traveling within twenty-five miles of the Texas border; (3) three or four traffic tickets issued to Transportacion Especial's drivers while in Texas on business for Transportacion Especial; (4) trailer interchange...