Goldstein v. Christiansen, 638 N.E.2d 541 (Ohio 1994). · Go Syfert
Goldstein v. Christiansen, 638 N.E.2d 541 (Ohio 1994). Cases Citing This Book View Copy Cite
“accordingly, was required to view allegations in the pleadings and the documentary evidence in a light most favorable to the plaintiffs, resolving all competing inferences in their favor.”
645 citation events (487 in the last 25 years) across 18 distinct courts.
Strongest positive: Ed Map, Inc. v. Delta Career Edn. Corp. (ohioctapp, 2020-02-04) · Strongest negative: Genesis Insurance v. Alfi (ohsd, 2006-03-23)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited "but see" Genesis Insurance v. Alfi (2×)
S.D. Ohio · 2006 · signal: but see · confidence high
Reynolds, 23 F.3d at 1116 (“[T]he [transacting business clause] was intended to extend to the constitutional limits of due process ...”); but see Goldstein, 70 Ohio St.3d 232 , 638 N.E.2d 541 (Ohio Long-Arm statute does not extend to the reach of the Due Process Clause).
discussed Cited "but see" Iron Workers Local Union No. 17 Insurance Fund v. Philip Morris Inc. (2×)
N.D. Ohio · 1998 · signal: but see · confidence high
But see, Cole v. Mileti, 133 F.3d 433 (6th Cir.), petition for cert. filed, (U.S. April 8, 1998) (No. 97-1668)((A)(1) subsection on transacting any business in state does not reach to limits of Due Process Clause) (citing Goldstein v. Christiansen, 70 Ohio St.3d 232 , 638 N.E.2d 541 (1994)).
discussed Cited as authority (verbatim quote) Ed Map, Inc. v. Delta Career Edn. Corp.
Ohio Ct. App. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
accordingly, was required to view allegations in the pleadings and the documentary evidence in a light most favorable to the plaintiffs, resolving all competing inferences in their favor.
discussed Cited as authority (rule) Am. Wholesale Outlet, L.L.C. v. Eckert
Ohio Ct. App. · 2024 · confidence medium
Where the motion is decided without holding a hearing, the trial court is “to view allegations in the pleadings and the documentary evidence in a light most favorable to the plaintiffs, resolving all reasonable competing inferences in their favor.” Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994). {¶29} In determining whether to grant a motion to dismiss based on a lack of personal jurisdiction, the trial court is not confined to the allegations contained in the complaint, but may hear the matter on affidavits, depositions, interrogatories, or by oral testimony.
discussed Cited as authority (rule) S&T Bank, Inc. v. Advance Merchant Servs.
Ohio Ct. App. · 2024 · confidence medium
“First, the court must determine whether Ohio’s long-arm statute and applicable Civil Rule confer personal jurisdiction over the nonresident defendant.” Id. at ¶ 13, citing Goldstein v. Christiansen, 70 Ohio St.3d 232, 235 (1994).
cited Cited as authority (rule) Walker v. Walt Disney Parks and Resorts U.S., Inc.
S.D. Ohio · 2024 · confidence medium
Conn, 667 F.3d at 712 (citing Kauffman Racing Equip., L.L.C. v. Roberts, 930 N.E.2d 784, 790 (Ohio 2010); Goldstein v. Christiansen, 638 N.E.2d 541, 543 (Ohio 1994)).
discussed Cited as authority (rule) Arnold v. CooperSurgical, Inc. (2×) also: Cited "see"
S.D. Ohio · 2023 · confidence medium
Christiansen, 638 N.E.2d 541, 543 (1994)).
discussed Cited as authority (rule) Montgomery v. Zuckerberg (2×) also: Cited "see"
S.D. Ohio · 2023 · confidence medium
Thus, “[u]nder Ohio law, personal jurisdiction over non-resident defendants is available only if (1) the long-arm statute confers jurisdiction and (2) jurisdiction is proper under the Federal Due Process Clause.” Conn v. Zakharov, 667 F.3d 705, 712 (6th Cir. 2012) (citing Kauffman Racing Equip., L.L.C. v. Roberts, 930 N.E.2d 784, 790 (Ohio 2010); Goldstein v. Christiansen, 638 N.E.2d 541, 543 (Ohio 1994)).
discussed Cited as authority (rule) Doors On-Line v. Chandra
Ohio Ct. App. · 2023 · confidence medium
“When a court determines personal jurisdiction without an evidentiary hearing, it must ‘view allegations in the pleadings and documentary evidence in the light most favorable to the non-moving party’ and ‘resolv[e] all reasonable competing inferences’ in favor of the non-moving party.” Wedemeyer at ¶ 37 , quoting Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994) and Giachetti v. Holmes, 14 Ohio App.3d 306, 307 (1984) (8th Dist.). {¶16} “Where * * * the trial court determines personal jurisdiction without an evidentiary hearing, the plaintiff need only establish a prima f…
cited Cited as authority (rule) Predictive Conversations, LLC v. Leica Geosystems, Inc.
N.D. Ohio · 2023 · confidence medium
Id. (citing Goldstein v. Christiansen, 638 N.E.2d 541, 543 (Ohio 1994) (further citation omitted)).
cited Cited as authority (rule) 4U Promotions, Inc. v. 18001 Holdings, LLC
S.D. Fla. · 2023 · confidence medium
Conn, 667 F.3d at 712 (citing Kauffman Racing Equip., L.L.C. v. Roberts, 930 N.E.2d 784, 790 (Ohio 2010); Goldstein v. Christiansen, 638 N.E.2d 541, 543 (Ohio 1994)).
cited Cited as authority (rule) 4U Promotions, Inc. v. 18001 Holdings, LLC
S.D. Ohio · 2023 · confidence medium
Conn, 667 F.3d at 712 (citing Kauffman Racing Equip., L.L.C. v. Roberts, 930 N.E.2d 784, 790 (Ohio 2010); Goldstein v. Christiansen, 638 N.E.2d 541, 543 (Ohio 1994)).
discussed Cited as authority (rule) A.B. Pratt & Co v. Bridgeport Group, LLC (2×) also: Cited "see, e.g."
N.D. Ohio · 2023 · confidence medium
Moreover, the Ohio Supreme Court has noted that “personal jurisdiction does not require physical presence in the forum state.” Goldstein v. Christiansen, 638 N.E.2d 541, 544 (Ohio 1994).
discussed Cited as authority (rule) Wilson v. Ancestry.com LLC
S.D. Ohio · 2023 · confidence medium
“Under Ohio law, personal jurisdiction over non-resident defendants is available only if (1) the long-arm statute confers jurisdiction and (2) jurisdiction is proper under the Federal Due Process Clause.”2 Conn v. Zakharov, 667 F.3d 705, 712 (6th Cir. 2012) (citing Kauffman Racing Equip., L.L.C. v. Roberts, 930 N.E.2d 784, 790 (2010); Goldstein v. Christiansen, 638 N.E.2d 541, 543 (1994)). 2 Because the reach of Ohio’s long-arm statute is unclear—namely, whether the statute is coterminous with the United States Constitution—the Court presumes that Wilson must make a prima facie showi…
cited Cited as authority (rule) Calvary Industries LLC v. Tav Holdings Inc.
S.D. Ohio · 2022 · confidence medium
Conn, 667 F.3d at 712 (citing Kauffman Racing Equip., L.L.C. v. Roberts, 930 N.E.2d 784, 790 (Ohio 2010); Goldstein v. Christiansen, 638 N.E.2d 541, 543 (Ohio 1994)).
discussed Cited as authority (rule) SpyGlass Group, LLC v. Genesis Health Clubs Management, Inc.
D. Kan. · 2022 · confidence medium
In reaching this conclusion, the Court emphasizes that “personal jurisdiction does not require physical presence in the forum state.” Burnshire Dev., 198 F. App’x at 433 n.4 (quoting Goldstein v. Christiansen, 70 Ohio St. 3d 232 , 638 N.E.2d 541, 544 (1994)).
discussed Cited as authority (rule) SpyGlass Group, LLC v. Genesis Health Clubs Management, Inc.
N.D. Ohio · 2022 · confidence medium
In reaching this conclusion, the Court emphasizes that “personal jurisdiction does not require physical presence in the forum state.” Burnshire Dev., 198 F. App’x at 433 n.4 (quoting Goldstein v. Christiansen, 70 Ohio St. 3d 232 , 638 N.E.2d 541, 544 (1994)).
cited Cited as authority (rule) Geico v. Willis
Ohio Ct. App. · 2022 · confidence medium
Franklin No. 07AP-1019, 2008-Ohio-3171, ¶ 9 , citing Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994).
cited Cited as authority (rule) Vinyl Kraft Acquisition, LLC v. RHI, Inc.
S.D. Ohio · 2022 · confidence medium
Conn, 667 F.3d at 712 (citing Kauffman Racing Equip., L.L.C. v. Roberts, 930 N.E.2d 784, 790 (Ohio 2010); Goldstein v. Christiansen, 638 N.E.2d 541, 543 (Ohio 1994)).
discussed Cited as authority (rule) Magnum Asset Acquisition, L.L.C. v. Green Energy Technologies, L.L.C.
Ohio Ct. App. · 2022 · confidence medium
Id. at 185 . {¶10} As we have previously stated, the term “transact” as utilized in the phrase “transacting any business” means “to carry on business” and “to have dealings” and is broader than the word “contract.” Morgan Adhesives Co. v. Sonicor Instrument Corp., 107 Ohio App.3d 327, 332 (9th Dist.1995), quoting Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994).
discussed Cited as authority (rule) Ricker v. Mercedez-Benz of Georgetown (2×) also: Cited "see"
Ohio Ct. App. · 2022 · confidence medium
No. 94APE01-116 (July 26, 1994) (stating that, absent an evidentiary hearing, "[t]he trial court 'must assume the truth of the facts in the nonmoving party's affidavits and complaint for purposes of [a Civ.R. 12(B)(2)] motion to dismiss' "); Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994).
discussed Cited as authority (rule) QFS Transportation, LLC v. Huguely
S.D. Ohio · 2022 · confidence medium
“Under Ohio law, personal jurisdiction over non- resident defendants is available only if (1) the long-arm statute confers jurisdiction and (2) jurisdiction is proper under the Federal Due Process Clause.” Conn v. Zakharov, 667 F.3d 705, 712 (6th Cir. 2012) (citing Kauffman Racing Equip., L.L.C. v. Roberts, 126 Ohio St. 3d 81 , 930 N.E.2d 784, 790 , at ¶ 28 (2010); Goldstein v. Christiansen, 70 Ohio St. 3d 232, 235 , 638 N.E.2d 541, 543 (1994)).
discussed Cited as authority (rule) Olin-Marquez v. Arrow Senior Living Management, LLC (2×) also: Cited "see"
S.D. Ohio · 2022 · confidence medium
The Ohio Supreme Court has observed that, in the context of this provision, “the term ‘transact’ . . . encompasses ‘to carry on business’ and ‘to have dealings,’ and is broader . . . than the word ‘contract.’” Goldstein at 544 (citing Kentucky Oaks Mall Co. v. Mitchell’s Formal Wear, Inc., 53 Ohio St.3d 73 , 559 N.E.2d 477, 480 (1990)) (emphasis added).
cited Cited as authority (rule) Amatech Group Limited v. Federal Card Services, LLC
S.D. Ohio · 2022 · confidence medium
Code § 2307.382(A) to extend personal jurisdiction to the limits of due process.” (citing Goldstein v. Christiansen, 638 N.E.2d 541, 546 (Ohio 1994))).
discussed Cited as authority (rule) State Farm Mutual Automobile Insurance Company v. Ohio Feather Company
S.D. Ohio · 2022 · confidence medium
“Under Ohio law, personal jurisdiction over non-resident defendants is available only if (1) the long-arm statute12 confers jurisdiction and (2) jurisdiction is proper under the Federal Due Process Clause.” Conn v. Zakharov, 667 F.3d 705, 712 (6th Cir. 2012) (citing Kauffman Racing Equip., L.L.C. v. Roberts, 126 Ohio St. 3d 81 , 930 N.E.2d 784, 790 , at ¶ 28 (2010)); Goldstein v. Christiansen, 70 Ohio St. 3d 232, 235 , 638 N.E.2d 541, 543 (1994)).
discussed Cited as authority (rule) First Communications, LLC v. Renteria (2×)
N.D. Ohio · 2022 · confidence medium
The Court must determine: “(1) ... whether [Ohio’s] ‘long-arm’ statute and the applicable Civil Rule confer 1 personal jurisdiction, and if so, (2) whether granting jurisdiction under the statute and rule would deprive the defendant of the right to due process of law pursuant to the Fourteenth Amendment to the United States Constitution.” Goldstein v. Christiansen, 638 N.E.2d 541, 543 (Ohio 1994) (quoting U.S. Sprint Communications Co., L.P. v. Mr. K’s Foods, Inc., 624 N.E.2d 1048, 1051 (Ohio 1994)).
discussed Cited as authority (rule) Boxel v. Universal Logistics USA, Inc.
N.D. Ohio · 2021 · confidence medium
Conn v. Zakharov, 667 F.3d 705, 712 (6th Cir. Ohio 2012) (citing Kauffman Racing Equip., L.L.C. v. Roberts, 126 Ohio St.3d 81 , 2010 Ohio 2551 , 930 N.E.2d 784, 790 (2010); Goldstein v. Christiansen, 70 Ohio St.3d 232 , -6- 1994 Ohio 229 , 638 N.E.2d 541, 543 (1994)).
discussed Cited as authority (rule) Lorad, LLC v. Azteca Milling, L.P.
N.D. Ohio · 2021 · confidence medium
Moreover, transacting business “encompasses ‘to carry on business,’ and ‘to have dealings,’ and is broader ... than the word ‘contract.’” Goldstein v. Christiansen, 70 Ohio St. 3d 232, 235 (1994) (quoting Kentucky Oaks Mall).
discussed Cited as authority (rule) Storage Cap Management LP v. Robarco, Inc.
S.D. Ohio · 2020 · confidence medium
In Ohio, the phrase “transacting any business” means “to carry on business” and “to have dealings,” and is “broader than the word ‘contract.’” Goldstein, 70 Ohio St. 3d at 236 (internal quotation marks and citations omitted). “[A] person ‘transacts business’ in Ohio if the business operations set in motion by the defendant have a ‘realistic impact’ on Ohio commerce.” Priess v. Fisherfolk, 535 F. Supp. 1271, 1274 (S.D.
cited Cited as authority (rule) Twist Aero, LLC v. B GSE Group, LLC
S.D. Ohio · 2020 · confidence medium
Ohio 2015) (Rose, DJ) (citing Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994)).
discussed Cited as authority (rule) Baughman v. KTH Parts Industries, Inc
S.D. Ohio · 2020 · confidence medium
The Court, however, rejects this argument. , 133 F.3d 433, 436 (6th Cir.1998) (citing , 70 Ohio St.3d 232, n. 1 (1994), rejecting that the reach of the Ohio long-arm statute was as broad as the constitutional limits of due process and citing ).
discussed Cited as authority (rule) Total Quality Logistics, LLC v. DeSantis
S.D. Ohio · 2020 · confidence medium
Personal Jurisdiction “Under Ohio law, personal jurisdiction over non-resident defendants is available only if (1) the long-arm statute confers jurisdiction and (2) jurisdiction is proper under the Federal Due Process Clause.” Conn v. Zakharov, 667 F.3d 705, 712 (6th Cir. 2012) (citing Kauffman Racing Equip., L.L.C. v. Roberts, 126 Ohio St. 3d 81 , 930 N.E.2d 784 , 790 ¶ 28 (2010)); Goldstein v. Christiansen, 70 Ohio St. 3d 232, 235 , 638 N.E.2d 541, 543 (1994)).
cited Cited as authority (rule) CrossCountry Mortgage, Inc. v. Messina
N.D. Ohio · 2019 · confidence medium
Moreover, the Ohio Supreme Court has noted that “personal jurisdiction does not require physical presence in the forum state.” Goldstein v. Christiansen, 638 N.E.2d 541, 544 (Ohio 1994).
discussed Cited as authority (rule) AtriCure, Inc. v. Meng
S.D. Ohio · 2019 · confidence medium
“Under Ohio law, personal jurisdiction over non-resident defendants is available only if (1) the long-arm statute confers jurisdiction and (2) jurisdiction is proper under the Federal Due Process Clause.” Conn, 667 F.3d at 712 (citing Kauffman Racing Equip., L.L.C. v. Roberts, 126 Ohio St.3d 81 , 930 N.E.2d 784, 790 (2010); Goldstein v. Christiansen, 70 Ohio St.3d 232 , 638 N.E.2d 541, 543 (1994)). 4 Defendants requested oral argument.
discussed Cited as authority (rule) Total Quality Logistics, LLC v. Tarpon Transportation Services, Inc.
S.D. Ohio · 2019 · confidence medium
“Under Ohio law, personal jurisdiction over non-resident defendants is available only if (1) the long-arm statute confers jurisdiction and (2) jurisdiction is proper under the Federal Due Process Clause.” Conn v. Zakharov, 667 F.3d 705, 712 (6th Cir. 2012) (citing Kauffman Racing Equip., L.L.C. v. Roberts, 126 Ohio St.3d 81 , 930 N.E.2d 784, 790 (2010); Goldstein v. Christiansen, 70 Ohio St.3d 232 , 638 N.E.2d 541, 543 (1994)).
discussed Cited as authority (rule) Jia v. Boardwalk Fresh Burgers & Fries, Inc.
S.D. Ohio · 2019 · confidence medium
“Under Ohio law, personal jurisdiction over non-resident defendants is available only if (1) the long-arm statute confers jurisdiction and (2) jurisdiction is proper under the Federal Due Process Clause.” Conn v. Zakharov, 667 F.3d 705, 712 (6th Cir. 2012) (citing Kauffman Racing Equip., L.L.C. v. Roberts, 126 Ohio St.3d 81 , 930 N.E.2d 784, 790 (2010); Goldstein v. Christiansen, 70 Ohio St.3d 232 , 638 N.E.2d 541, 543 (1994)).
cited Cited as authority (rule) AquaSeal Resurfacing LLC v. Jefcoat Recreation and Construction Inc.
Miss. Ct. App. · 2019 · confidence medium
The word “transact” is broader than the term “contract” and encompasses in its meaning “to carry on business” and “to have dealings.” Goldstein v. Christiansen, 638 N.E.2d 541, 544 (Ohio 1994).
discussed Cited as authority (rule) EdgePoint Capital Holdings, LLC v. Apothecare Pharmacy, LLC
D. Mass. · 2019 · confidence medium
The Supreme Court of Ohio has held that transacting business “encompasses ‘to carry on -4- business,’ and ‘to have dealings,’ and is broader ... than the word ‘contract.’” Goldstein v. Christiansen, 70 Ohio St. 3d 232, 235 (1994) (quoting Kentucky Oaks Mall Co. v. Mitchell's Formal Wear Inc., 53 Ohio St.3d 73 (1990)).
discussed Cited as authority (rule) Figley v. Ivex Protective Packaging, Inc.
Ohio Ct. App. · 2016 · confidence medium
“When a court determines personal jurisdiction without an evidentiary hearing, it -7- Case No. 17-16-02 must ‘view allegations in the pleadings and documentary evidence in the light most favorable to the non-moving party’ and ‘resolv[e] all reasonable competing inferences’ in favor of the non-moving party.” Id., quoting Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994).
discussed Cited as authority (rule) Chapman v. Lawson
S.D. Ohio · 2015 · confidence medium
Schneider v. Hardesty, 669 F.3d 693, 699 (6th Cir. 2012); Conn, 667 F.3d at 712 (citing Kauffman Racing Equip., L.L.C. v. Roberts, 126 Ohio St.3d 81 , 930 N.E.2d 784, 790 (2010); Goldstein v. Christiansen, 70 Ohio St.3d 232 , 638 N.E.2d 541, 543 (1994)).
discussed Cited as authority (rule) Holcomb v. Naples
Ohio Ct. App. · 2014 · confidence medium
Goldstein v. Christiansen, 70 Ohio St.3d 232, 235 (1994). {¶12} Ohio's long-arm statute in R.C. 2307.382 states, in pertinent part: Stark County, Case No. 2013CA00214 5 (A) A court may exercise personal jurisdiction over a person who acts directly or by an agent, as to a cause of action arising from the person's: (1) Transacting any business in this state; (2) Contracting to supply services or goods in this state; (3) Causing tortious injury by an act or omission in this state; (4) Causing tortious injury in this state by an act or omission outside this state if he regularly does or solicits …
discussed Cited as authority (rule) Huegemann v. VanBakel
Ohio Ct. App. · 2014 · confidence medium
Goldstein v. Christiansen, 70 Ohio St.3d 232, 235 (1994). {¶ 28} Ohio's long-arm statute in R.C. 2307.382 states in pertinent part: (A) A court may exercise personal jurisdiction over a person who acts directly or by an agent, as to a cause of action arising from the person's: (1) Transacting any business in this state; (2) Contracting to supply services or goods in this state; (3) Causing tortious injury by an act or omission in this state; (4) Causing tortious injury in this state by an act or omission outside this state if he regularly does or solicits business, or engages in any other per…
cited Cited as authority (rule) Austin v. White Castle Sys., Inc.
Ohio Ct. App. · 2013 · confidence medium
Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994).
cited Cited as authority (rule) Faraschuk v. Clingaman
Ohio Ct. App. · 2013 · confidence medium
Goldstein v. Christiansen, 70 Ohio St.3d 232, 233, fn. 1 (1994).
discussed Cited as authority (rule) State ex rel. Pingue v. Schneider
Ohio Ct. App. · 2013 · confidence medium
Further, this court "need not expressly rule on the * * * jurisdictional issue since our review is limited to whether * * * jurisdiction is patently and unambiguously lacking." (Emphasis sic.) Goldstein v. Christiansen, 70 Ohio St.3d 232, 238 (1994).
discussed Cited as authority (rule) OnX USA LLC v. Sciacchetano
N.D. Ohio · 2012 · confidence medium
The Ohio Supreme Court has likewise held that transacting business “encompasses ‘to carry on business,’ and ‘to have dealings,’ and is broader ... than the word ‘contract.’ ” Goldstein v. Christiansen, 70 Ohio St.3d 232 , 638 N.E.2d 541, 544 (2012).
cited Cited as authority (rule) Opportunity Fund, LLC v. Epitome Systems, Inc.
S.D. Ohio · 2012 · confidence medium
Ky. Oaks Mall Co. v. Mitchell’s Formal Wear, 53 Ohio St.3d 73 , 559 N.E.2d 477, 479-80 (1990); Goldstein v. Christiansen, 70 Ohio St.3d 232 , 638 N.E.2d 541, 544 (1994).
examined Cited as authority (rule) Conn v. Zakharov (3×) also: Cited "see, e.g."
5th Cir. · 2012 · confidence medium
See Kauffman Racing Equip., L.L.C. v. Roberts, 126 Ohio St.3d 81 , 930 N.E.2d 784, 790 (2010); Goldstein v. Christiansen, 70 Ohio St.3d 232 , 638 N.E.2d 541, 543 (1994).
examined Cited as authority (rule) Richard Conn, Jr. v. Vladimir Zakharov (3×) also: Cited "see, e.g."
6th Cir. · 2012 · confidence medium
See Kauffman Racing Equip., L.L.C. v. Roberts, 930 N.E.2d 784, 790 (Ohio 2010); Goldstein v. Christiansen, 638 N.E.2d 541, 543 (Ohio 1994).
discussed Cited as authority (rule) Wedemeyer v. U.S.S. F.D.R. (CV-42) Reunion Assn. (2×)
Ohio Ct. App. · 2010 · confidence medium
Parshall at ¶10 , citing Goldstein, 70 Ohio St.3d at 238, fn. 1 ; Joffe, 2005-Ohio-4930, at ¶11 ; State ex rel.
Goldstein
v.
Christiansen, Judge
No. 94-396.
Ohio Supreme Court.
Sep 14, 1994.
638 N.E.2d 541
Schnorf & Schnorf Co., L.P.A, and Barry F. Hudgin, for appellants., Anthony G. Pizza, Lucas County Prosecuting Attorney, and Bertrand L. Puligandla, Assistant Prosecuting Attorney, for appellee., Jones & Scheich, Christopher F. Jones, Richard A. Scheich and Martin B. Morrissey; Polese, Hiner & Nolan, Edwin A. Hiner, Patricia E. Nolan and Lynn M. Allen, for intervening appellees Denton Tussing et al.
Douglas, Moyer, Only, Pfeifer, Resnick, Sweeney, Wright.
Cited by 267 opinions  |  Published
Per Curiam.

Appellants assert in their first, third, fourth, and fifth propositions of law that the court of appeals erred in denying their request for a writ of prohibition where the common pleas court lacked personal jurisdiction over them. In order to obtain a writ of prohibition, relators must establish (1) that the court or officer against whom the writ is sought is about to exercise judicial or quasi-judicial power, (2) that the exercise of that power is unauthorized by law, and (3)[*235] that denying a writ will result in injury for which no other adequate remedy exists in the ordinary course of law. State ex rel. Koren v. Grogan (1994), 68 Ohio St.3d 590, 629 N.E.2d 446. Since the parties agree that the first part of the foregoing test is satisfied here, i.e., Judge Christiansen is about to exercise judicial authority over appellants by allowing the common pleas court case to proceed, at issue are whether Judge Christiansen’s actions are unauthorized and an adequate legal remedy exists.

The court of appeals determined that appellants were not entitled to a writ of prohibition because they “have available to them the adequate legal remedy of appeal.” Absent a patent and unambiguous lack of jurisdiction, a court having general jurisdiction of the subject matter of a case possesses authority to determine its own jurisdiction, and a party challenging the court’s jurisdiction has an adequate remedy at law via appeal from the court’s holding that it has jurisdiction. State ex rel. Bradford v. Trumbull Cty. Court (1992), 64 Ohio St.3d 502, 597 N.E.2d 116; State ex rel. Pearson v. Moore (1990), 48 Ohio St.3d 37, 548 N.E.2d 945. Similarly, the court has applied the same standard to issues of personal jurisdiction. State ex rel. Ruessman v. Flanagan (1992), 65 Ohio St.3d 464, 605 N.E.2d 31. Therefore, absent a patent and unambiguous lack of jurisdiction, appeal from a decision overruling a Civ.R. 12(B)(2) motion to dismiss based upon lack of personal jurisdiction will generally provide an adequate legal remedy which precludes extraordinary relief through the issuance of a writ of prohibition. Id.; see, also, State ex rel. Smith v. Avellone (1987), 31 Ohio St.3d 6, 31 OBR 5, 508 N.E.2d 162. Consequently, in determining if the court of appeals’ judgment was erroneous, the dispositive issue is whether the court of common pleas patently and unambiguously lacked personal jurisdiction over appellants.

When determining whether a state court has personal jurisdiction over a nonresident defendant, the court is obligated to (1) determine whether the state’s “long-arm” statute and the applicable Civil Rule confer personal jurisdiction, and if so, (2) whether granting jurisdiction under the statute and rule would deprive the defendant of the right to due process of law pursuant to the Fourteenth Amendment to the United States Constitution. U.S. Sprint Communications Co., Ltd. Partnership v. Mr. K’s Foods, Inc. (1994), 68 Ohio St.3d 181, 183-184, 624 N.E.2d 1048, 1051. Judge Christiansen concluded that the common pleas court had in personam jurisdiction over appellants because they had transacted business in Ohio and the assertion of personal jurisdiction comported with the Due Process Clause.

The complementary provisions of Ohio’s “long-arm” statute, R.C. 2307.-382(A)(1) and Civ.R. 4.3(A)(1), authorize a court to exercise personal jurisdiction over a nonresident defendant and provides for service of process to effectuate that jurisdiction when the cause of action arises from the nonresident defendant’s[*236] “[transacting any business in this state[.]” Because the [transacting any business” phrase is so broad, the statute and rule have engendered cases which have been resolved on “ ‘highly particularized fact situations, thus rendering any generalization unwarranted.’ ” U.S. Sprint, supra, 68 Ohio St.3d at 185, 624 N.E.2d at 1052, quoting 22 Ohio Jurisprudence 3d (1980) 430, Courts and Judges, Section 280; see, also, Wayne Cty. Bur. of Support v. Wolfe (1991), 71 Ohio App.3d 765, 769, 595 N.E.2d 421, 424 (“test for minimum contacts is not susceptible to mechanical application; rather, the facts of each case must be weighed to determine whether the requisite affiliating circumstances are present”).

The term “transact” as utilized in the phrase “[transacting any business” encompasses “ ‘to carry on business’ ” and “ ‘to have dealings,’ ” and is “ ‘broader * * * than the word “contract” ’.” (Emphasis deleted.) Kentucky Oaks Mall Co. v. Mitchell’s Formal Wear, Inc. (1990), 53 Ohio St.3d 73, 75, 559 N.E.2d 477, 480. It has been noted that in professional malpractice suits, in the absence of physical contact with the forum state, the defendant professional has almost always been found not to be transacting business under long-arm provisions. 1 Casad, Jurisdiction in Civil Actions (2 Ed.1991) 4-43 to 4^4, Section 4.02[l][a]. Nevertheless, it has been held that personal jurisdiction does not require physical presence in the forum state. Kentucky Oaks Mall, supra; see, also, Ucker v. Taylor (1991), 72 Ohio App.3d 777, 596 N.E.2d 507.

In the underlying common pleas court case, it appears that Judge Christiansen did not hold an evidentiary hearing on appellants’ Civ.R. 12(B)(2) dismissal motion. Accordingly, he was required to view allegations in the pleadings and the documentary evidence in a light most favorable to the plaintiffs, resolving all reasonable competing inferences in their favor. See, generally, 1 Klein, Browne & Murtaugh, Baldwin’s Ohio Civil Practice (1988) 57, Section T 3.04(G)(1); McCormac, Ohio Civil Rules Practice (2 Ed.1992) 145-146, Section 6.17; Giachetti v. Holmes (1984), 14 Ohio App.3d 306, 14 OBR 371, 471 N.E.2d 165. The allegations included that appellants actively participated in the general partners’ decisions on the use of partnership funds, prepared and submitted misleading financial statements to the limited partners by mailing these statements to Ohio, and misrepresented to the limited partners that they were not aware of any misconduct by the general partners. Additionally, a substantial plurality of the limited partners/investors to whom appellants had a duty to mail financial statements, i.e., ninety out of two hundred and ten, resided in the Toledo area.

Although appellants contend that they only owed a duty to the partnerships and not the individual limited partners, a partnership is an aggregate of individuals and does not constitute a separate legal entity. Arpadi v. First MSP Corp. (1994), 68 Ohio St.3d 453, 628 N.E.2d 1335, paragraph one of the syllabus. In a[*237] limited partnership, the general partner owes a fiduciary duty to the limited partners, and a professional relationship established with one fiduciary, e.g., a general partner, extends to those in privity, e.g., a limited partner, regarding matters to which the fiduciary duty relates. Id. at paragraphs two and three of the syllabus. Therefore, appellants owed a fiduciary duty to the Ohio limited partners.

By engaging in a contractual relationship with limited partnerships of which half of the general partners resided in Ohio and obligating themselves to provide financial statements to limited partners, with a plurality residing in Ohio, it is not patent and unambiguous that the common pleas court lacked in personam jurisdiction over them. The alleged dissemination of misleading financial information to Ohio investors as part of appellants’ purported active participation in the general partners’ misconduct supports Judge Christiansen’s finding that appellants transacted business in Ohio.

Under the second step of the personal jurisdiction analysis, a state court may assert personal jurisdiction over a nonresident defendant if the nonresident possesses certain minimum contacts with the state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. Internatl. Shoe Co. v. Washington (1945), 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95; U.S. Sprint, supra. The constitutional touchstone is whether the nonresident defendant purposefully established “minimum contacts” in the forum state; purposeful establishment exists where, inter alia, the defendant has created continuing obligations between himself and residents of the forum. Burger King Corp. v. Rudzewicz (1985), 471 U.S. 462, 105 S.Ct. 2174, 85 L.Ed.2d 528; Kentucky Oaks Mall, supra. Here, as Judge Christiansen noted in his decision overruling appellants’ Civ.R. 12(B)(2) motion, the evidence included appellants’ continuing duties to provide the limited partners, a substantial number of whom reside in Ohio, with financial information concerning the limited partnerships.

Further, the Ohio court possesses a strong interest in settling the dispute, since a large number of the investors live in the Toledo area, half of the general partners also reside in the Toledo area, Ohio residents had been allegedly regularly solicited for money, and two of the limited partnerships were created in Ohio. Additionally, requiring appellants to litigate this case in Ohio places no excessive burden on them because modern transportation and communications have made it much less burdensome for a party sued to defend himself in a state where he engages in economic activity. Burger King, supra; U.S. Sprint, supra.

Appellants rely, inter alia, on State ex rel. Connor v. McGough (1989), 46 Ohio St.3d 188, 546 N.E.2d 407, and State ex rel. Stone v. Court (1984), 14 Ohio St.3d 32, 14 OBR 333, 470 N.E.2d 899, in support of their argument on appeal. In State ex rel. Connor, we granted a writ of prohibition restraining an Ohio court[*238] judge from exercising personal jurisdiction over a German resident in an Ohio wrongful death action because personal jurisdiction was “so totally lacking,” where the nonresident defendant had no known contacts with Ohio. 46 Ohio St.3d at 190-191, 546 N.E.2d at 410. In State ex rel. Stone, we affirmed the allowance of a writ of prohibition to prevent an Ohio court’s exercise of personal jurisdiction over a Texas resident in a paternity action, where the birth and conception of the child occurred in Alabama. Conversely, under the evidence before Judge Christiansen on this case, personal jurisdiction over appellants was not patently and unambiguously lacking.

Indeed, in appellant’s brief, they claim that there were “conflicting statements of fact below.” Where personal jurisdiction turns upon some fact to be determined by the trial court, its ruling that it has jurisdiction, if wrong, is simply error for which prohibition is not the proper remedy. State ex rel. Clem Transp., Inc. v. Gaertner (Mo.1985), 688 S.W.2d 367, 368. Additionally, as set forth previously, any conflicting evidence had to be construed most favorably to the plaintiffs/lhnited partners in the common pleas court case. See Giachetti, supra. In that Judge Christiansen’s assertion of personal jurisdiction over appellants was not patently and unambiguously erroneous, the court of appeals correctly ruled that the availability of appeal was an adequate legal remedy which precluded prohibition relief. State ex rel. Ruessman, supra. By so holding, we need not expressly rule on the personal jurisdiction issue since our review is limited to whether personal jurisdiction is patently and unambiguously lacking. Id.; see, also, Canadian Helicopters, Ltd. v. Wittig (Tex.1994), 876 S.W.2d 304, where the Supreme Court of Texas held similarly in a mandamus action concerning a trial court’s holding that it possessed personal jurisdiction over a nonresident defendant. Therefore, appellants’ first, third, fourth, and fifth propositions are meritless.[1]

Appellants’ second proposition of law asserts that the court of appeals erred in sua sponte dismissing his complaint for a writ of prohibition without allowing for the introduction of evidence and further proceedings as provided by Loc.App.R. 6[*239] of the Lucas County Court of Appeals. Appellants claim that “[t]he presentation of a stipulation of facts would have been in the interest of justice as there were conflicting statements of fact below particularly concerning facts allegedly constituting Goldstein’s ‘transacting business’ in Ohio.” However, as noted previously, the resolution of conflicting statements of fact before Judge Christiansen in the underlying case was solely for him to decide, after construing the evidence most favorably to the opponents of appellants’ Civ.R. 12(B)(2) motion. An after-the-fact stipulation purportedly “resolving” this conflict would not have been appropriate evidence in the prohibition action. Based upon appellants’ complaint and exhibits attached and incorporated therein, they could prove no set of facts entitling them to a writ of prohibition and dismissal was appropriate.

Accordingly, for the foregoing reasons, the judgment of the court of appeals dismissing appellants’ complaint for a writ of prohibition is affirmed.

Judgment affirmed.

Moyer, C.J., A.W. Sweeney, Wright, F.E. Sweeney and Pfeifer, JJ., concur. Douglas, J., concurs in judgment only. Resnick, J., not participating.
1

Since appellants arguably transacted business in Ohio pursuant to Ohio’s long-arm statute and rale, appellants’ fifth proposition of law, which asserts that the “tortious injury” provision of the long-arm statute and rale did not apply, is moot. Additionally, we note that Judge Christiansen’s claim that the General Assembly intended the long-arm statute “to give Ohio courts jurisdiction to the limits of the Due Process Clause” is erroneous, since that interpretation would render the first part of the court’s two-part analysis nugatory. See, e.g., McCormac, Ohio Civil Rules Practice (2 Ed.1992) 49, Section 3.10 (“Ohio has not extended long-arm jurisdiction to the limits of due process”); 4 Harper & Solimine, Anderson’s Ohio Civil Practice (Supp.1993) 37, Section 150.33 (“If there was an equivalence, presumably the first part of the test could be redundant.”); 1 Casad, supra, at 4-8 to 4-9, Section 4.01[l][b]. However, any error in this regard was harmless, since Judge Christiansen still applied the appropriate two-part analysis, and under that analysis, there was no patent and unambiguous lack of jurisdiction.