Mandamus and Ala. R. Civ. P. 12(b)(2) Dismissal For Want of Personal Jurisdiction


Ex parte TD Bank US Holding Co., [Ms. 1180998, May 29, 2020] ___ So. 3d ___ (Ala. 2020). The Court (Stewart, J.; Parker, C.J., and Bolin, Shaw, Wise, Bryan, Sellers, and Mendheim, JJ., concur; Mitchell, J., recuses) grants TD Bank’s Petition for a Writ of Mandamus and directs the Jefferson Circuit Court to grant TD Bank’s motion to dismiss premised upon a Rule 12(b)(2) motion to dismiss for want of personal jurisdiction. The record demonstrated that TD Bank established prima facie that the Jefferson Circuit Court was without general or specific personal jurisdiction as demonstrated through a TD Bank employee’s affidavit revealing no connections with the State of Alabama. Plaintiff failed to respond to the motion to dismiss. Having established prima facie that the trial court was without personal jurisdiction, the burden shifted to plaintiff to substantiate the jurisdictional allegations in the complaint. Ex parte Güdel AG, 183 So. 3d 147, 156 (Ala. 2015). Because plaintiff did not meet this burden, TD Bank’s motion to dismiss should have been granted.

Related Documents

Share To: