# Hiwassee Stables, Inc. v. Cunningham

> Court of Appeals of North Carolina · September 21, 1999 · 135 N.C. App. 24

URL: https://www.frixlaw.com/law-library/cases/9569448

## Case

- **Full name:** HIWASSEE STABLES, INC., GORDON S. CALHOUN and TINA A. CALHOUN, Plaintiffs v. CHRIS CUNNINGHAM, D/B/A CHRIS CUNNINGHAM INSURANCE AGENCY, AMERICAN RELIABLE INSURANCE COMPANY, TEMPLETON & FRANKLIN VETERINARY ASSOCIATES, ZACHARY FRANKLIN, JAIRO ORTIZ, BLOOD HORSE DYNASTY, INC., FRANK L. DIAZ AS ATTORNEY-IN-FACT FOR JAIRO ORTIZ AND BLOOD HORSE DYNASTY, INC., FRANK L. DIAZ, P.A. JURIS DOCTOR AS ATTORNEY-IN-FACT FOR JAIRO ORTIZ AND BLOOD HORSE DYNASTY, INC. and ENERGY EQUINE INSURANCE AGENCY, INC., Defendants
- **Court:** Court of Appeals of North Carolina
- **Decided:** September 21, 1999
- **Citations:** 135 N.C. App. 24; 519 S.E.2d 317; 1999 N.C. App. LEXIS 908
- **Precedential status:** Published
- **Opinion:** Dissent by John
- **Judges:** Hunter, Timmons-Goodson, John
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9569448

## How later opinions describe it (automated extraction)

- holding N.C. Gen. Stat. § 1-75.4(5)(d) applied when “defendants directed plaintiffs to send payment due them to Florida, and plaintiffs distributed the payment from North Carolina ... in the form of a check drawn on a bank in this state”

## Opinion text

Judge John
dissents.
I respectfully dissent. Unlike the majority, I believe the trial court’s findings of fact are supported by competent evidence, albeit *32 controverted, are thereby conclusive on appeal, Olivetti Corp. v. Ames Business Systems, Inc., 319 N.C. 534, 541 , 356 S.E.2d 578, 582 , reh’g denied, 320 N.C. 639 , 360 S.E.2d 92 (1987) (trial court’s findings of fact conclusive on appeal if supported by competent evidence), and sustain its conclusion that defendants’ contacts with this State were sufficient such that exercise of personal jurisdiction “over [them] does not violate the due process clause of the Fourteenth Amendment of the United States Constitution.” See New Bern Pool & Supply Co. v. Graubart, 94 N.C. App. 619, 624 , 381 S.E.2d 156, 159 (1989), aff’d per curiam, 326 N.C. 480 , 390 S.E.2d 137 (1990) (“existence of minimum contacts cannot be ascertained by mechanical rules, but rather by consideration of the facts of each case in light of traditional notions of fair play and justice”) (citation omitted). Accordingly, I vote to affirm the trial court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9569448. Public record. Not legal advice.