Legal Opinion · Dissent

Calabrian Corporation v. Alliance Specialty Chemicals

Texas Court of Appeals, 14th District (Houston)

Decided November 19, 2013No. 14-12-00821-CVPublished

1DissentKem Thompson Frost, Chief Justice

This court holds that the trial court erred by granting a non-resident defendant’s special appearance because the nonresident defendant is collaterally estopped from relitigating personal jurisdiction. The majority grounds its holding upon a federal district court’s personal-jurisdiction ruling in a 1998 lawsuit involving different claims. The trial court did not err because (1) the plaintiff did not present sufficient evidence to meet its burden of establishing that collateral estoppel applies; and (2) the personal-jurisdiction issue actually litigated in the 1998 lawsuit is not identical to…

2Cases cited14 opinions

  1. Coastal Transport Co. v. Crown Central Petroleum Corp.Texas Supreme Court · 2004
  2. Eagle Properties, Ltd. v. ScharbauerTexas Supreme Court · 1991
  3. Ruston Gas Turbines, Inc. v. Donaldson Company, Inc., Defendant-Third Party v. Corchran, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1993
  4. Van Dyke v. Boswell, O'Toole, Davis & PickeringTexas Supreme Court · 1985
  5. John G. & Marie Stella Kenedy Memorial Foundation v. DewhurstTexas Supreme Court · 2002

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