Marco Distributing, Inc. v. Biehl

BAKES, Justice.

This is an appeal from a dismissal of plaintiff appellant Marco Distributing, Inc.’s, complaint under I.R.C.P. 12(b)(2) for lack of personal jurisdiction over defendant respondent Brent Biehl, a resident of Michigan. The district court held that it did not have jurisdiction and that this action should be tried in Michigan. We hold that the district court erred in failing to try the jurisdiction issue and make findings on the controverted jurisdictional facts, and remand this case for a hearing to determine whether it has jurisdiction over the defendant.

Marco Distributing, Inc.,…