Tuesday, December 25, 2018
'Robey V. Hinners\r'
'Bo-Yuan Chen mickle 201 Brief- Robey v. Hinners Facts:Brad Robey, d/b/a as Roebyââ¬â¢s Pawn World, change a used 2002 Cadillac Escalade to Hinner, a resident of Kentucky, and stated that the fomite was ââ¬Å"clean, reveal and averageââ¬Â and that ââ¬Å" 1 calendar month/1,000 grayback Service Agreementââ¬Â. After bought the vehicle and found that it was non as advertised, Hinners filed a civil complaint against Robey in the Kenton round coquette. Robey filed an answer and also motion to drop off on the ground of lack of in-person jurisdiction. The trial court denied the motion, rated Hinnerââ¬â¢s motivating and entered a default judgment.Robeyââ¬â¢ appeal herein followed. Issue: Whether the issue of personal jurisdiction may be raised by Robey in this appeal even though a default judgment was entered. purpose: Reverse the judgment of the Kenton Circuit Court and remand for the entry of an order dismissing Hinnerss complaint. conclude: Hinners: Hinners argued that three of the nine provisions of KRS 454. 210 definitive the extension of long-arm jurisdiction over Robey. Robey, located in Missouri, advertised the vehicle for cut-rate sale on eBay Hinners, in Kentucky, submitted the winning bidHinners traveled out-of-state to take possession of the vehicle Robey penalize vehicle transfer documents to enable Hinners to attain a Kentucky registration and title for the vehicle Robey, in his eBay leaning and in viva voce statements to Hinners, misrepresented the condition of the vehicle The vehicle came to Kentucky covered by Robeys warranty, the one month/1000 international nautical mile ââ¬Å"service agreement. ââ¬Â Robey: In Burger King Corp. v. Rudzewicz case, the U. S. supreme held that formation of a contraction with a nonresident was non, stand up along, sufficient to effect jurisdiction.Placing the vehicle for vendue on eBay did not alone create personal jurisdiction over Robey in Kentucky. Accepting the Applicatio n for Kentucky Certificate of name/Registration did not create personal jurisdiction. The fact that Hinners took the vehicle to Kentucky and determined in that location that it was not as advertised did not create personal jurisdiction on that point was no evidence that Robey used eBay finished which to sell automobiles on any social occasion other than this one. The language in the eBay listing referring to a ââ¬Å"1 month/1,000 mile Service Agreementââ¬Â also did not create jurisdiction.\r\n'
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment