Hanes Constr. Co. v. Hotmix & Bituminous Equip. Co
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HANES CONSTRUCTION COMPANY, A North Carolina Corporation v. HOTMIX & BITUMINOUS EQUIP. CO., INC. No. 563A01 (Filed 18 December 2001) Jurisdiction--breach of contract--out-of-state seller--long-arm statute--minimum contacts The decision of the Court of Appeals that the trial court had personal jurisdiction over the out-of-state seller of asphalt equipment in a breach of contract action is reversed for the reasons stated in the dissenting opinion in the Court of Appeals that personal jurisdiction over defendant was not authorized by the long-arm statute, N.C.G.S. § 1-75.4, and that the exercise of personal jurisdiction over defendant violated due process because defendant had insufficient minimum contacts with this state. Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 146 N.C. App. 24, 552 S.E.2d 177 (2001), reversing and remanding an order signed 4 April 2000 by Burke, J., in Superior Court, Davidson County. Heard in the Supreme Court 11 December 2001. Cunningham Crump & Cunningham, PLLC, by R. Flint Crump, for plaintiff-appellee. Brinkley Walser, PLLC, by Stephen W. Coles, for defendantappellant. PER CURIAM. For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. REVERSED.
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