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Click here for the full text of this decision FACTS:The Texas Anatomical Board assigned bodies donated to it through the Willed Body Program to the University of Texas Medical Branch at Galveston to be used for medical, science and educational purposes, after which they were to be cremated. The families of several individuals whose bodies had been assigned to the hospital sued Agostino Perna and Mobile Medical Training Unit, alleging they bought, sold and profited from human body parts bought from UTMB and Allen Tyler, the supervisor of the Willed Body Program. The families brought claims of negligence, gross negligence, negligence per se, breach of contract, constructive fraud, fraud, intentional infliction of emotional distress and vicarious liability. Perna and Mobile Medical filed special appearances. Perna stated that he was a New Jersey resident who never resided in Texas. Among other things, Perna said he’d never maintained a registered agent in Texas; never had employees or agents in Texas; never maintained an office, mailing address or telephone number in Texas; never paid taxes in Texas; never owned real estate in Texas; and never entered into a contract with any citizen, Tyler, UTMB or any of UTMB’s employees or agents. He claimed that he received human torsos from UTMB through a third party. He said Mobile Medical takes possession of the torsos, but in his individual capacity, he did not. He claimed another third party paid Tyler an honorarium for presentations. He also said that none of the torsos used at medical seminars he went to in Houston corresponded to any of the bodies said to have been mishandled. In his capacity of an officer of Mobile Medical, Perna alleged that Mobile Medical was a New Jersey company that has never had nor had to have an office in Texas; never maintained an agent, mailing address, telephone number or bank accounts in Texas; never had employees or agents in Texas, except when the company conducted two seminars in Houston; and except for certain torsos leased from UTMB and Southwestern University, never leased, rented or controlled real or personal property in Texas. In their responses to the defendants’ special appearances, the families insisted that Perna solicited business in Texas, conducted seminars in Texas and contracted with a Texas citizen � Allen Tyler � to perform work both in and outside of Texas. Some of the families alleged that Tyler sent invoices to Perna from Texas, and that Perna paid $80,000 to Tyler in Texas. The trial court denied Perna’s and Mobile Medical’s special appearances, making several findings of fact and conclusions of law. HOLDING:Reversed and dismissed. The court first considers whether the families’ pleadings support the exercise of long-arm jurisdiction. The court finds that the families’ pleadings allege only facts related to events in Texas, but did not connect Perna or Mobile Medical to those Texas-specific events. The court observes that a plaintiff’s failure to make jurisdictional allegations in the petition is not subject to attack by a defendant’s special appearance. On the other hand, a specially appearing defendant can meet his burden of proof by simply presenting evidence that he is not a Texas resident. Perna and Mobile Medical presented such evidence. The court additionally finds that even if the families had alleged facts in their petitions demonstrating acts in Texas, as they did in their response to Perna’s and Mobile Medical’s special appearances, the evidence adduced at the special appearance hearing falls short of bringing the two defendants within the ambit of the long-arm statute. The court reviews the findings of fact and conclusions of law. Of the findings of fact, several were unsupported by the evidence, for example: 1. that Mobile Medical or Perna individually arranged, facilitated or conducted medical seminars in Texas involving the use of torsos; 2. that either Perna or Medical Mobile purchased any torsos (instead, a third party arranged for the lease of the torsos, which remained the property of UTMB); 3. that Perna personally marketed the services of Medical Mobile in Texas or that there was any subsidiary company of Mobile Medical; 4. that Perna or Mobile Medical entered into any contract with Tyler; 5. that Perna or Mobile Medical paid Tyler for his services (instead, the evidence shows that Tyler was a consultant to another third, which paid him an honorarium); and 6. that Perna individually hired Texas citizens over the phone or during trips to Texas to perform services at any medical seminar. The court does find support for the trial court’s finding that Perna acted as a corporate agent for Mobile Medical for the detailed activities conducted in Texas, and that other Mobile Medical employees came to Texas for a conference in 2001. The court concludes, however, that these two supported findings are not enough justify exercising personal jurisdiction over Perna or Mobile Medical. Specific jurisdiction is not supported because there is no evidence that any of the torsos used in the Houston medical seminars belonged to the donors of the families. And, based on Perna’s testimony on his and Mobile Medical’s contacts with Texas, general jurisdiction is not supported, either. OPINION:Hudson, J.; Anderson, Hudson and Frost, JJ.

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