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Click here for the full text of this decision FACTS: Appellant Kytel International Group, Inc. appeals an order denying its special appearance in a lawsuit for declaratory relief and damages brought by appellee Rent-A-Center. In a single issue, Kytel contends the trial court erred in denying its special appearance because it does not have sufficient contacts with Texas. HOLDING: Affirmed. The record shows that Kytel undertook to provide long distance service for Rent-A-Center locations nationwide, including its stores in Texas. There was documentary evidence of two Kytel order forms identifying Rent-A-Center in Plano as its customer. The customer billing and service addresses listed on the Kytel forms were for Rent-A-Center’s corporate headquarters in Plano. These forms also contained a “Letter of Authorization” naming Kytel as Rent-A-Center’s long distance carrier and appointing “[Kytel's] affiliated companies as agent (“the Agent”) to provide to the undersigned including, without limitation, removing, adding to or rearranging such telecommunications service.” There was deposition testimony from Kytel’s president that although Kytel did not actually operate a network in Texas, it purchased long distance from Alliance Group, another long distance carrier, to provide service to Rent-A-Center’s Texas locations and other locations outside Kytel’s service area. The president also testified that Kytel sent an order form to Alliance Group with Rent-A-Center billing telephone numbers that Kytel had obtained from Rent-A Center’s website (including numbers located in Texas) directing Alliance to switch the existing long distance carrier for these numbers to Alliance’s network. Moreover, the record contains a letter to Rent-A-Center’s Plano headquarters on Kytel letterhead welcoming Rent-A-Center to Kytel’s network. Finally, there are several Kytel billing invoices sent to Rent-A-Center’s Plano headquarters containing Kytel’s bank wire information. Based on the jurisdictional facts before us, the court concludes the trial court could have concluded Kytel had the requisite minimum contacts with Texas to have reasonably anticipated being called into a Texas court for causes of action relating or arising out of their long distance service contract with Rent-A-Center. The court specifically rejects Kytel’s assertion that the following facts negate specific jurisdiction: 1. the Rent-A-Center long distance service contract was negotiated and signed in New York; 2. it was Alliance Group who actually switched and provided the long distance services for the Texas numbers; and 3. the bills received by Rent-A-Center’s Plano headquarters were prepared by North American Communications Control, a separate entity that Kytel used as their billing company. The record is clear that it was Kytel who organized and controlled the switch in Rent-A-Center’s long distance service. It is this switch that forms the basis of Rent-A-Center’s claims against Kytel. The fact that Kytel accomplished this task without entering Texas does not prevent the exercise of personal jurisdiction against it so long as it purposefully directed certain activities toward this state and the present litigation arises from those activities. The court concludes Kytel has failed to demonstrate the trial court reversibly erred in denying its special appearance because its special appearance was not sworn or verified and there was ample evidence from which the trial court could conclude Kytel had sufficient contacts with Texas to justify the exercise of personal jurisdiction and that the exercise of such jurisdiction would be consistent with traditional notions of fair play and substantial justice. OPINION: Morris, J.; Morris, FitzGerald and Francis, JJ.

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