(Download) "Campos Enterprises Inc. v. Williams" by New Mexico Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Campos Enterprises Inc. v. Williams
- Author : New Mexico Court of Appeals
- Release Date : January 05, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Certiorari denied, No. 25,342, September 14, 1998 APPEAL FROM THE DISTRICT COURT OF GUADALUPE COUNTY Jay G. Harris, District Judge {1} This case poses the questions of what acts by an out-of-state franchisor are sufficient to support a basis for personal jurisdiction over it, and whether the acts of a franchisee located in this state can be imputed to the franchisor to sustain personal jurisdiction over the franchisor. We hold that the allegations of Campos Enterprises, Inc. and Gilbert and Loretta Campos (Plaintiffs) concerning misconduct involving the franchisor Edwin K. Williams and Company (Defendant) based principally upon actions by the franchisee are insufficient to sustain personal jurisdiction under NMSA 1978, 38-1-16 (1971) (long-arm statute). Thus, we affirm the district court's dismissal of Defendant for lack of personal jurisdiction. Facts and Procedural Posture {2} Plaintiffs employed Tax and Business Service, owned originally by Norman Fletcher and later by William Van Edwards, to prepare Plaintiffs' personal and business federal and state income tax returns. The business of Tax and Business Service included being a franchise of Defendant, an out-of-state national franchisor, which franchises ""bookkeeping and business management systems and services to oil jobbers . . . , retail petroleum marketing outlets and service station owners . . . and other retail, wholesale and service business establishments."" Tax and Business Service also operated its business under the names ""Edwin K. Williams & Co."" and ""EKW Systems"" with its letterhead indicating it was a licensed office.
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