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Genesis Research Inst. Inc. v. Roxbury Press Inc. d/b/a Mail Clearing House

The defendant transacted business in Georgia for purposes of the long-arm statute when its agent negotiated the terms of the agreement at the plaintiff's Georgia home.

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Genesis Research Institute, Inc. “GRI” appeals from the trial court’s dismissal, for lack of personal jurisdiction, of its complaint against Roxbury Press, Inc. d/b/a Mailings Clearing House “MCH” for breach of contract and breach of warranty. In its enumeration of errors, GRI argues that the trial court failed to resolve disputes of fact in its favor, and consequently, erred in granting MCH’s motion to dismiss. We agree, and therefore reverse.

“On a motion to dismiss for lack of personal jurisdiction, the defendant bears the onus of proving lack of personal jurisdiction.”1 Further, “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.”2 Finally, because the motion was decided on the basis of written submissions, the appellate standard of review is non-deferential.3

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