General Pump & Well Inc. v. Miller

The trial court erred in dismissing the case for lack of personal jurisdiction and improper venue based solely on a prior Court of Appeals decision in the litigation, as such was not controlling.

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This appeal arises from the failure of a well-drilling unit purchased by General Pump & Well, Inc., which included a component part manufactured by Corey Miller d/b/a Centerline Manufacturing Company “Centerline”. To date, General Pump has litigated the failure of this well-drilling unit in multiple venues in both state and federal courts, including the litigation that resulted in this Court’s decision in Laibe Corp. v. Gen. Pump & Well, Inc., 317 Ga. App. 827 733 SE2d 332 2012 hereinafter “General Pump 1″.1 General Pump appeals from the grant of Centerline’s motion to dismiss, contending that the trial court erred in dismissing this case for lack of personal jurisdiction and improper venue based solely upon this Court’s decision in General Pump 1. Since we find that our decision in General Pump 1 is not controlling here, we reverse and remand.

A defendant moving to dismiss for lack of personal jurisdiction bears the burden of proving the absence of jurisdiction. To meet that burden, the defendant may raise matters not contained in the pleadings. However, when the outcome of the motion depends on unstipulated facts, it must be accompanied by supporting affidavits or citations to evidentiary material in the record. Further, 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. When examining and deciding jurisdictional issues on a motion to dismiss, a trial court has discretion to hear oral testimony or to decide the motion on the basis of affidavits and documentary evidence alone pursuant to OCGA § 9-11-43 b.

General Pump & Well Inc. v. Miller

The trial court erred in dismissing the case for lack of personal jurisdiction and improper venue based solely on a prior Court of Appeals decision in the litigation, as such was not controlling.

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