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Drumm Corp. v. Wright

The defendant corporation did not have sufficient minimum contacts with the State of Georgia to establish personal jurisdiction.

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We granted the application for interlocutory review filed by Drumm Corp. f/k/a Drumm Investors, LLC “Drumm” following the trial court’s denial of its motion to dismiss for lack of personal jurisdiction. Because Drumm does not have sufficient “minimum contacts” with the State of Georgia, we reverse.

“A motion to dismiss for lack of personal jurisdiction must be granted if there are insufficient facts to support a reasonable inference that the defendant can be subjected to the court’s jurisdiction.” Citation, footnotes and punctuation omitted. Sol Melia, SA v. Brown, 301 Ga. App. 760, 760-761 688 SE2d 675 2009. Drumm, as the defendant moving to dismiss, bears the burden of proving lack of jurisdiction. Id. And “to the extent that defendant’s evidence controverts the allegations of the complaint, plaintiff may not rely on mere allegations, but must also submit supporting affidavits or documentary evidence.” Citation omitted. Yukon Partners, Inc. v. Lodge Keeper Group, 258 Ga. App. 1, 2 572 SE2d 647 2002. “Where as here, the motion was decided on the basis of written submissions alone, any disputes of fact in the written submissions supporting and opposing the motion to dismiss are resolved in favor of the party asserting the existence of personal jurisdiction, and the appellate standard of review is nondeferential.” Citation omitted. Crossing Park Properties v. JDI Fort Lauderdale, 316 Ga. App. 471 729 SE2d 605 2012.

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