IN PERSONAM JURISDICTION - RYDER V. MABRY
In Ryder v. Mabry, [Ms. 2080992, March 12, 2010] ___ So.3d ___ (Ala. Civ. App. 2010), the Alabama Court of Civil Appeals reversed a default judgment entered in favor of the plaintiff concluding that the trial court lacked in personam jurisdiction over the defendant. There, the out-of-state defendant asserted the affirmative defense of lack of in personam jurisdiction in his answer, in a motion to dismiss and in a motion for summary judgment. The plaintiff filed no evidence in opposition of the defendant's motion for summary judgment. The trial court denied the defendant's motions and set the case for trial. The defendant failed to appear at trial. The trial court entered a default judgment against the defendant. On appeal, the Alabama Court of Civil Appeals held that it was undisputed that the only evidence of contacts with the State of Alabama was four telephone calls between the Alabama plaintiff and the out-of-state defendant, all of which were initiated by the plaintiff. The Appeal's Court held that the telephone calls created a genuine issue of material fact regarding the defendant's defense of lack of in personam jurisdiction. Since the plaintiff had not filed any evidence in opposition to the defendant's motion for summary judgment, the defendant's motion for summary judgment should have been granted.