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Lamar v. Poncon

Plaintiffs did not establish that the trial court has personal jurisdiction, but the trial court erred in refusing to allow limited jurisdictional discovery under the Texas Rules of Civil Procedure Rule 120(a)(3), since the discovery sought could lead to admissible evidence on the issue of general personal jurisdiction. Houston Court of Appeals, No. 01-08-01036-CV, 10-01-2009

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OPINION

This is an appeal from trial court orders refusing to allow jurisdictional discovery and granting the defendants’ special appearances. John and Nanci Lamar sued Eric Poncon and Morgan’s Rock Hacienda and Ecolodge (Morgan’s Rock), a Nicaraguan corporation, for its negligence in causing personal injuries arising out of a car accident that allegedly occurred when the Morgan’s Rock driver fell asleep at the wheel while driving the Lamars from the airport to the Morgan’s Rock resort in Nicaragua. After Morgan’s Rock and Poncon filed a special appearance, the Lamars moved for jurisdictional discovery and twice amended their motions. Each time, the trial court denied jurisdictional discovery and in December 2008, granted the special appearances. The Lamars appeal, contending that the trial court erred in granting the special appearance and in denying their requests for jurisdictional discovery.*fn1 We conclude that the Lamars have not established that the trial court has personal jurisdiction, but the trial court erred in refusing to allow limited jurisdictional discovery, which was reasonably calculated to lead to admissible evidence on the matter. We therefore reverse and remand the cause for further proceedings.

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