Emeterio v. Clint Hurt and Assocs.

Rose, L,

concurring and dissenting:

I concur in the analysis set forth in the majority opinion, except for the final conclusion that the appellants’ interest in the West Virginia property was insufficient to justify the exercise of personal jurisdiction over them. To this conclusion I dissent.

Jurisdictional assertions based on ownership of property within the forum state must meet the traditional minimum contacts test. Shaffer v. Heitner, 433 U.S. 186, 213 (1977). However, where the property gives rise to and is the subject matter of the litigation, a finding of personal jurisdiction generally…