Catholic Stewardship Consultants Inc. v. Ruotolo Assocs Inc.

An out-of-state corporation did not engage in purposeful business activity in Georgia when it exchanged telephonic and electric correspondence with an in-state company.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Catholic Stewardship Consultants, Inc. “CSC” sued Ruotolo Associates, Inc., George Ruotolo, Joseph Caporale, and Rob DeMartinis for breach of contract, theft of proprietary information, and misrepresentation. The trial court granted the defendants’ motion to dismiss for lack of personal jurisdiction. CSC appeals, and we affirm for the reasons set forth below. “A defendant who files a motion to dismiss for lack of personal jurisdiction has the burden of proving lack of jurisdiction.” Citation omitted Scovill Fasteners v. Sure-Snap Corp. , 207 Ga. App. 539 428 SE2d 435 1993. Ruotolo Associates and CSC supported their arguments with respect to the motion to dismiss through affidavits and oral argument, and the record does not show the trial court held an evidentiary hearing. If the motion is decided on the basis of written submissions alone . . . disputes of fact found in the affidavits are resolved in favor of plaintiff. Further, if a motion is decided on the basis of the written submissions, the reviewing court is in an equal position with the trial court to determine the facts and therefore examines the facts under a non-deferential standard. Citation omitted Stuart v. Peykan, Inc. , 261 Ga. App. 46, 47 581 SE2d 609 2003.

So viewed, the record shows that Ruotolo Associates is a New Jersey corporation with its registered office in Cresskill, New Jersey. CSC is a Georgia corporation with its principal place of business in Augusta, Georgia. During all times relevant to the complaint, Caporale, a Massachusetts resident, was the Executive Vice-President and Chief Operating Officer of Ruotolo Associates; DeMartinis, a Pennsylvania resident, was a Vice-President of Ruotolo Associates; and Ruotolo, a New Jersey resident, was the President and CEO of Ruotolo Associates.

Catholic Stewardship Consultants Inc. v. Ruotolo Assocs Inc.

An out-of-state corporation did not engage in purposeful business activity in Georgia when it exchanged telephonic and electric correspondence with an in-state company.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report