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Click here for the full text of this decision There is a strong nexus between the tort that occurred in Texas and the contact with Texas. FACTS:James G. Holten, a Houston resident, filed a Deceptive Trade Practices suit arising from his purchase of a recreational vehicle from Michiana Easy Livin’ Country Inc., an Indiana company. Holten also sued Ford Motor Co., Coachmen Industries and Coachmen Recreational Vehicle Co. Michiana filed a special appearance based on eight reasons: 1. Michiana is an Indiana corporation that is not a resident of Texas, has no agent for service in Texas, has no property or employees in Texas, and is not authorized to do business in Texas; 2. Michiana does not advertise or have an Internet presence; 3. Holten contacted Michiana on his own initiative to arrange for Michiana to sell him a Coachmen motor home; 4. Michiana delivered the Coachmen motor home in Indiana to an independent third-party carrier who brought the motor home to Texas; 5. all communications between Michiana and Holten were conducted over the telephone; 6. all payments were made to Michiana in Indiana; 7. Holten was originally scheduled to accept delivery of the motor home in Indiana; and 8. the sales contract signed by Holten contained a forum-selection clause designating Indiana as the forum state of all disputes arising from the sale of the motor home. The trial court denied the special appearance, and Michiana appeals. HOLDING:Motion for rehearing granted; judgment affirmed. The court withdraws its March 13, 2003, opinion. The court reviews whether the Michiana’s contacts with Texas were sufficient to subject the company to specific jurisdiction. The court looks to Ring Power Systems v. International De Comerico Y Consultoria, 39 S.W.3d 350 (Tex.App. � Houston [14th Dist.] 2001, no pet.), for guidance. In that case, which involved a Guatemala-based buyer with an office in Texas and a Florida-based seller, specific jurisdiction was supported because the seller knew that its misrepresentations were directed to and received by the buyer at its Texas office. Here, the alleged misrepresentations made by Michiana in phone calls with Holten in Texas constitute the contact with Texas and the basis for Holten’s claims. The court adds that, notwithstanding the forum-selection clause’s choice of Indiana for any litigation arising from the sale, it was, or should have been, foreseeable to Michiana that it might become subject to the jurisdiction of Texas courts because Michiana knew Holten was a Texas resident and that the RV would be used in Texas. Furthermore, as in Memorial Hospital System v. Fisher Ins. Agency Inc., 835 S.W.2d 645 (Tex.App. � Houston [14th Dist.] 1992, no writ), there is a strong nexus between the tort that occurred in Texas and the contact with Texas The court concludes that notions of fair play and substantial justice are satisfied, especially considering that Texas has a strong interest in adjudicating the dispute because it involved alleged misrepresentations received in Texas, by a Texas resident and involving a product sent to Texas to be used in Texas. OPINION:Radack, C.J.; Radack, C.J., Nuchia and Hanks, JJ. CONCURRENCE:Hanks, J. The concurrence disagrees with the majority’s reliance on Memorial Hospital.

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