Court: North Carolina Supreme Court
Opinion Date: August 13, 2021
Areas of Law: Civil Procedure, Personal Injury
The Supreme Court vacated the decision of the trial court to exercise personal jurisdiction over Defendant, Logan Wagner, in a proceeding initiated by Plaintiff, Marisa Mucha, who was seeking to obtain a domestic violence protection order, holding that Defendant did not have the requisite minimum contacts with North Carolina.
The only contact Defendant had with North Carolina was more than two dozen phone calls he made to Plaintiff’s cell phone on the day she moved to North Carolina. Plaintiff filed a pro se complaint and motion for a DVPO in District Court, Wake County. Defendant filed a motion to dismiss for lack of personal jurisdiction. The trial court denied the motion to dismiss and entered a DVPO. The Supreme Court dismissed the trial court’s order, holding that the Due Process Clause forbade the trial court from exercising personal jurisdiction over him to enter a DVPO.
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