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Joshua Properties, LLC v. D1 Sports Holdings, LLC

Supreme Court of Mississippi

January 30, 2014

JOSHUA PROPERTIES, LLC, Performance Sports Academy, LLC and Chris Snopek
v.
D1 SPORTS HOLDINGS, LLC.

Page 1090

[Copyrighted Material Omitted]

Page 1091

Terris Caton Harris, Dennis C. Sweet, III, Jackson, William (BO) Roland, attorneys for appellants.

Christopher Lamar Wansley, Armin J. Moeller, Jr., Jackson, attorneys for appellee.

Before RANDOLPH, P.J., PIERCE and KING, JJ.

PIERCE, Justice.

¶ 1. Joshua Properties, LLC; Performance Sports Academy, LLC; and Chris Snopek (all referred to as " Snopek" ), filed suit against St. Dominic Health Services, Inc. (St.Dominic); D1 Sports Holdings, LLC (D1 TN); and D1 Sports Training of Mississippi, LLC (D1 MS) in the Circuit Court of the First Judicial District of Hinds County, Mississippi. D1 TN moved for dismissal based on lack of personal jurisdiction and failure to state a claim. After a hearing on the matter, the trial court entered an order granting D1 TN's motion based on a lack of personal jurisdiction over the party. Snopek subsequently was granted this interlocutory appeal seeking this Court's ruling on whether personal jurisdiction exists in Mississippi over D1 TN. We find that personal jurisdiction does exist over D1 TN.

¶ 2. D1 TN relies on Public Employees' Retirement System v. Hawkins, 781 So.2d 899, 900-01 (Miss.2001), in which this Court, in the interest of justice, considered issues that were not raised in the petition for interlocutory appeal, to assert in the alternative that this case should be dismissed for failure to state a claim pursuant to Mississippi Rule of Civil Procedure 12(b)(6). D1 TN properly raised this issue before the trial court, however, the trial court did not rule on the issue; therefore, we will not address this issue for the first time on appeal.

STATEMENT OF THE FACTS

¶ 3. In 2007, Snopek proposed to St. Dominic the concept of working together in opening a multi-use sports complex for the Jackson metropolitan area. Through Joshua Properties, LLC, land was located for the complex in Madison County, Mississippi. After Snopek and St. Dominic collaborated over the designs and plans for

Page 1092

the complex, the parties entered into a letter of intent. The letter of intent included the purchase of property located through Joshua Properties, LLC, but the letter was subject to expiration on February 28, 2008. The property was never acquired, and the letter of intent expired. However, Snopek alleges that the parties continued to move forward with the project together.

¶ 4. In December 2009, Snopek contacted D1 TN, a limited liability company formed under Tennessee state law, which has its principal place of business in Tennessee, and is not qualified to conduct business in the state of Mississippi. Snopek proposed to D1 TN the idea of becoming involved in the development of the sports complex by aiding with the sports and fitness aspects of the project, since D1 TN's business focuses on custom sports-training programs, expert coaching, and sports therapy. D1 TN displayed an interest in becoming involved in the endeavor.

¶ 5. Snopek provides that it thereafter introduced D1 TN to St. Dominic, and all of the parties together moved forward with the opening of the sports complex. D1 TN states that it discussed the project with Snopek only one time, in December 2009. D1 TN further states that it was contacted by St. Dominic around September 2010 ...


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