Legal Opinion · Dissent

Garrison Steel Fabricators, Inc. v. No. 1 Steel Products, Inc.

Supreme Court of Alabama

Decided July 29, 2011No. 1091781Published

1DissentCobb, Chief Justice

I respectfully dissent. Although this Court reviews the instant petition for a writ of mandamus under the long-settled “clear legal right” standard of review for such petitions, see, e.g., Ex parte Buflcin, 936 So.2d 1042, 1044-45 (Ala.2006), I believe that it is appropriate to review the trial court’s findings of fact that are implicit in its judgment on a party’s motion to dismiss for lack of personal jurisdiction under the same standard this Court uses when it reviews a trial court’s ruling on a motion for a summary judgment, i.e., that we review any evidence in a light most favorable to…

2Cases cited16 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
  3. World-Wide Volkswagen Corp. v. WoodsonSupreme Court of the United States · 1980
  4. Acquadro v. BergeronSupreme Court of Florida · 2003
  5. Nicholstone Book Bindery, Inc. v. Chelsea House PublishersTennessee Supreme Court · 1981

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