For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.
REVERSED.
Hanes Construction Co. v. Hotmix & Bituminous Equip. Co., 354 N.C. 560 (2001)
Dec. 18, 2001
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Supreme Court of North Carolina
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No. 563A01
354 N.C. 560
HANES CONSTRUCTION COMPANY, A North Carolina Corporation v. HOTMIX & BITUMINOUS EQUIP. CO., INC.
No. 563A01
(Filed 18 December 2001)
Jurisdiction— breach of contract—out-of-state seller—long-arm statute—minimum contacts
The decision of the Court of Appeals that the trial court had personal jurisdiction over the out-of-state seller of asphalt equipment in a breach of contract action is reversed for the reasons stated in the dissenting opinion in the Court of Appeals that personal jurisdiction over defendant was not authorized by the long-arm statute, N.C.G.S. § 1-75.4, and that the exercise of personal jurisdiction over defendant violated due process because defendant had insufficient minimum contacts with this state.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 146 N.C. App. 24, 552 S.E.2d 177 (2001), reversing and remanding an order signed 4 April 2000 by Burke, J., in Süperior Court, Davidson County. Heard in the Supreme Court 11 December 2001.
Cunningham Crump & Cunningham, PLLC, by R. Flint Crump, for plaintiff-appellee.
Brinkley Walser, PLLC, by Stephen W. Coles, for defendant-appellant.