BAKERY EQUIPMENT/DESIGN LTD V SUNRISE BAKERS LLC
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STATE OF MICHIGAN
COURT OF APPEALS
BAKERY EQUIPMENT/DESIGN LTD.,
UNPUBLISHED
September 13, 2002
Plaintiff/Counterdefendant/ThirdParty Plaintiff,
V
No. 227575
Kent Circuit Court
LC No. 97-013289-CZ
SUNRISE BAKERS L.L.C.,
Defendant/Counterplaintiff-
Appellant,
and
TECNOPAST CARIN S.P.A.,
Third-Party Defendant-Appellee.
Before: Neff, P.J., and White and Owens, JJ.
OWENS, J. (concurring).
Based on the facts cited by the majority in its discussion of the third prong of the due
process test, I respectfully disagree with the majority’s conclusion that third-party defendant
Tecnopast’s conduct amounted to the “transaction of any business within the state” sufficient to
satisfy the requirements of Michigan’s long-arm statute. Based on the same facts, I also disagree
that the first and second prongs of the due process test have been satisfied; that is, that Tecnopast
purposefully availed itself of the privilege of conducting business activities in Michigan and that
the cause of action arose from business activities conducted by Tecnopast in the state. However,
I concur with the majority’s reasoning regarding the third prong of the due process test and its
conclusion that the trial court correctly dismissed all claims against Tecnopast based on a lack of
personal jurisdiction.
/s/ Donald S. Owens
-1-
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