Saturday, February 23, 2019
Robey V. Hinners
Bo-Yuan Chen Bus 201 Brief- Robey v. Hinners FactsBrad Robey, d/b/a as Roebys Pawn World, sold a used 2002 Cadillac climb to Hinner, a resident of Kentucky, and stated that the vehicle was clean, better and average and that 1 month/1,000 stat mi Service Agreement. After bought the Vehicle and rear that it was non as denote, Hinners filed a civil complaint against Robey in the Kenton tour Court. Robey filed an answer and also motion to dismiss on the ground of miss of personalized jurisdiction. The trial court denied the motion, rated Hinners motivation and entered a oversight judgment.Robey 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. Decision Reverse the judgment of the Kenton set Court and remand for the entry of an order dismissing Hinnerss complaint. Reasoning Hinners Hinners argued that three of the ennead provisions of KRS 454. 210 authorized the extension o f long-arm jurisdiction over Robey. Robey, situated in Missouri, advertised the vehicle for sale on eBay Hinners, in Kentucky, submitted the winning bidHinners traveled out-of-state to take possession of the vehicle Robey executed vehicle transfer documents to change Hinners to obtain a Kentucky registration and title for the vehicle Robey, in his eBay lean and in oral statements to Hinners, misrepresented the condition of the vehicle The vehicle came to Kentucky cover by Robeys warranty, the one month/1000 mile service agreement. Robey In Burger King Corp. v. Rudzewicz case, the U. S. supreme held that formation of a contraction with a nonresident was not, standing along, sufficient to create jurisdiction.Placing the vehicle for auction on eBay did not alone create personal jurisdiction over Robey in Kentucky. judge the Application for Kentucky Certificate of Title/Registration did not create personal jurisdiction. The fact that Hinners took the vehicle to Kentucky and determi ned there that it was not as advertised did not create personal jurisdiction There was no licence that Robey used eBay through which to sell automobiles on any occasion early(a) than this one. The language in the eBay listing referring to a 1 month/1,000 mile Service Agreement also did not create jurisdiction.
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