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However, Texas courts may exercise personal jurisdiction over a nonresident parent corporation if the parent's relationship with its subsidiary that does business in Texas is one that would allow the court to impute the subsidiary's “doing business” in Texas to the parent. Texas law presumes that two separate corporations are distinct entities. Alter Ego Theory of Jurisdiction over a Corporate Entity
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When the appellate record includes both the reporter's record and the clerk's record, the trial court's implied findings are not conclusive and may be challenged on appeal for legal and factual sufficiency. “When a trial court does not issue findings of fact and conclusions of law with its special appearance ruling, all facts necessary to support the judgment and supported by the evidence are implied.” Id.
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2010) (citing Moki Mac River Expeditions v. Whether a court can exercise personal jurisdiction over a nonresident defendant is a question of law, and we therefore review de novo a trial court's determination of a special appearance. Therefore, I would grant rehearing and affirm the trial court's order denying TMX-Holdings' special appearance.
I would also hold that the Texas courts' exercise of jurisdiction over TMX-Finance comports with constitutional requirements of fair play and substantial justice. I would hold that the trial court correctly determined that TMX-Holdings is an alter ego of TMX-Finance. In other words, the evidence shows that all of the PHC-Minden factors for the exercise of personal jurisdiction over TMX-Holdings are satisfied. Wellshire moved for rehearing and en banc reconsideration of the panel opinion.Īs Wellshire points out, the evidence establishes that Tracy Young, the President and CEO of both TMX-Holdings and TMX-Finance, owns 100% of the shares of TMX-Holdings he exerts virtually total control over the operations of both entities the entities share common ownership, directorship, and headquarters and the entities do not observe corporate formalities. It concluded that Wellshire did not establish that TMX-Holdings exerts such an “abnormal” or “atypical” degree of control over TMX-Finance's internal policies and practices that the two entities can be fused for jurisdictional purposes. The panel reversed and dismissed TMX-Holdings from the suit. TMX-Holdings filed this interlocutory appeal. The court found that TMX-Holdings was the alter ego of its subsidiary, TMX-Finance, which has consented to personal jurisdiction in Texas, and that the Texas courts' exercise of jurisdiction over TMX-Finance comports with constitutional requirements of fair play and substantial justice. TMX-Holdings filed a special appearance, which the trial court denied.
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Wellshire alleged that the TMX entities collected the license plate numbers of the customers in Wellshire's parking lot and used that information to contact and solicit those customers. (“TMX-Holdings”) and TMX-Finance, LLC (“TMX-Finance”), as well as other “TMX entities” not parties to this appeal, for misappropriation of trade secrets and tortious interference with existing contracts and prospective business relations. Wellshire Financial Services, LLC, Meadowwood Financial Services, LLC, and Integrity Texas Funding, LP (collectively, “Wellshire”) sued TMX Finance Holdings, Inc. The parties in this case are competitors in the automobile title loan market. It thus countenances misuse of the corporate form to insulate a corporation from potential damages in tort. The majority therefore dismisses the financial center of a single fused corporate entity from this suit for misappropriation of trade secrets and tortious interference with contract. 2007), and it misapplies the PHC-Minden factors used to determine personal jurisdiction over a corporation on an alter-ego theory. In my view, the majority misconstrues controlling law, established by the Texas Supreme Court in PHC-Minden, L.P. On rehearing, I disagree with the majority's holding reversing the trial court's denial of TMX-Holdings' special appearance.
Panel consists of Justices Keyes, Brown, and Huddle. WELLSHIRE FINANCIAL SERVICES, LLC D/B/A LOANSTAR TITLE LOANS D/B/A MONEYMAX TITLE LOANS AND D/B/A LOANMAX MEADOWWOOD FINANCIAL SERVICES, LLC D/B/A LOANSTAR TITLE LOANS AND D/B/A MONEYMAX TITLE LOANS AND INTEGRITY TEXAS FUNDING, LP, Appellees NO. Court of Appeals of Texas, Houston (1st Dist.).
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