Marten v. Silva

The case involves the sale of an automobile that was to be delivered to a facility in Michigan. The court affirms the trial court's denial of the defendant's special appearances.

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Click here for the full text of this decision FACTS:J.B. “Barry” Marten and Sonic Motors, Inc., appeal the trial court’s denial of their special appearances. In March 2005, Marten, who is Sonic’s sole officer and director, contacted Silva, a Collin County resident, by telephone. Marten represented that he had the right to sell a 1970 Pontiac GTO convertible Judge model. Silva is a collector of automobiles known as American muscle cars, and the GTO was of special interest to him. Marten offered to sell the GTO to Silva for $185,000. Marten emailed photographs of the GTO to Silva, and Silva agreed to purchase the GTO, provided that the GTO was in fact the represented vehicle and that the serial number was correct. Marten faxed Silva documents showing the serial number of the GTO and its options, including a rare Ram Air IV option. Regarding the closing of the deal, Marten contacted Silva numerous times in Texas by telephone. Silva told Marten to bring the GTO to a facility in Holly, Michigan, where Silva would bring cashier’s checks and take possession of the GTO. However, on March 28, 2005, Marten called Silva to tell him that the GTO was no longer for sale. Silva sued Marten and Sonic for breach of contract, specific performance, misrepresentation and DTPA violations. Marten and Sonic filed special appearances, which the trial court denied. HOLDING:Affirmed. Marten argues in his brief that “there is not a single allegation, nor a single piece of evidence, regarding the telephone or facsimile number(s) used, or of any mention in the parties’ purported communications suggesting that Silva was not in Michigan.” However, the record shows Marten, Sonic’s sole officer and director, initiated contact with Silva, a Texas resident, in Texas. Marten offered to sell Silva a rare automobile for $185,000. Silva agreed to purchase the automobile for the asking price, provided Marten demonstrated proof that the automobile was as advertised. Marten faxed and emailed photographs and documentation showing the automobile was as represented. Marten and Silva made arrangements for Silva to bring cashier’s checks to Michigan and pick up the automobile. Nevertheless, Marten subsequently called Silva to say the automobile was no longer for sale. The court concludes Marten’s actions, as sole officer and director of Sonic, constituted “some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.” Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985). The court concludes Marten and Sonic purposefully established minimum contacts with Texas. There is nothing in the record to indicate that litigation in Texas would be excessively burdensome to Marten and Sonic. The interests of Texas in adjudicating the dispute and Silva’s interest in obtaining convenient and effective relief clearly weigh in favor of the exercise of jurisdiction. Under the facts and circumstances of this case, the court concludes Marten and Sonic purposefully established minimum contacts with Texas and the exercise of jurisdiction comports with fair play and substantial justice. OPINION:Bridges, J.; Morris, Bridges and Richter, J.J.

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