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Capital Finance & Commerce AG v. Sinopec Overseas Oil & Gas, Ltd.

Because Capital Finance Commerce AG failed to demonstrate an agency relationship between Holder Representative and its former shareholders, it failed to demonstrate grounds to support specific jurisdiction over Holder Representative. Houston's 1st Court of Appeals, No. 01-06-00822-CV

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OPINION

This is an accelerated, interlocutory appeal from an order sustaining a special appearance.*fn1 See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (Vernon Supp. 2007); TEX. R. CIV. P. 120a. Capital Finance & Commerce AG (Capital Finance) challenges the special appearances rendered in favor of appellees, Sinopec Overseas Oil & Gas, Ltd. (Sinopec Overseas) and FIOC Holder Representative, L.L.C. (Holder Representative). In four issues, Capital Finance contends that Texas may properly assert personal jurisdiction, both specific and general, over Capital Finance’s claims that Sinopec Overseas and Holder Representative, in conspiracy with others, fraudulently diverted funds deriving from a merger transaction in order to prevent payment of a contingent commission, or finder’s fee, to Capital Finance. We affirm.

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