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Miller v. Provident Adver. & Mktg.

Court of Appeals of Mississippi

June 17, 2014, Decided

NO. 2012-CA-01198-COA CONSOLIDATED WITH NO. 2013-CA-00262-COA

Opinion

 [*185]  NATURE OF THE CASE: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE

NATURE OF THE CASE: TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE

EN BANC.

BARNES, J., FOR THE [**2]  COURT:

P1. Sherrie Allison Miller sued Anna Cladakis in the DeSoto County Circuit Court for alienation of affection and intentional infliction of emotional distress. Miller also sued Cladakis's alleged employers: Provident Advertising and Marketing Inc. (Provident), Provident Management Corporation Inc., Hooters Inc., and Hooters of America LLC 1 (HOA), (in aggregate the "Entity Defendants"). The trial court determined it lacked personal jurisdiction over Cladakis and the Entity Defendants and dismissed Miller's suit. On appeal, we affirm dismissal of the Entity Defendants for lack of personal jurisdiction, but reverse and remand as to jurisdiction over Cladakis for Miller's alienation-of-affection claim. Additionally, we find error in the trial court's imposition of Cladakis's costs and attorneys' fees under the Litigation Accountability Act.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

P2. Miller and John Daly, residents of Tennessee, were married on July 29, 2001, in Tennessee. They divorced on February 19, 2010. Miller filed her initial complaint in the DeSoto County Circuit Court on February 25, 2011, alleging that [**3]  Cladakis's improper conduct and contact with Daly was the proximate cause of Miller and Daly's separation and eventual divorce. Further, the alleged improper contact, consisting of cell phone calls, text messages, and sexual encounters occurred between Daly and Cladakis, a Florida resident who was temporarily located in DeSoto County. Miller's complaint also alleged that Cladakis interfered with Miller's home in Tennessee by having her utilities shut off, interfered with the divorce proceedings in Tennessee from Daly, and interfered with the care and visitation/custodial rights of Miller and Daly's son. The complaint alleged Cladakis's interferences intentionally inflicted emotional distress upon Miller. Additionally, Miller alleged that the Entity Defendants were negligent in their supervision, training, retention, and hiring of Cladakis because they knew that Cladakis was having improper contact with Daly and that Cladakis's conduct was intentionally inflicting emotional distress upon Miller. Therefore, Miller claimed the Entity Defendants were jointly and severally liable for damages Miller suffered, including:

[L]oss of her marital estate including property; loss of society, companionship, [**4]  love, and affection; loss of aide, services, and physical assistance; loss of sexual relations; loss of participation together in activities, duties, and responsibilities of making a home; past and future mental distress; and any other damages proven to have proximately result[ed] from the conduct of . . . Cladakis and/or [the Entity Defendants].

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155 So. 3d 181 *; 2014 Miss. App. LEXIS 339 **; 2014 WL 2735194

SHERRIE ALLISON MILLER, APPELLANT v. PROVIDENT ADVERTISING AND MARKETING, INC., PROVIDENT MANAGEMENT CORPORATION, INC., HOOTERS, INCORPORATED, HOOTERS OF AMERICA, INC. AND ANNA CLADAKIS, APPELLEES CONSOLIDATED WITH SHERRIE ALLISON MILLER, APPELLANT v. PROVIDENT ADVERTISING AND MARKETING, INC., PROVIDENT MANAGEMENT CORPORATION, INC., HOOTERS, INCORPORATED, AND ANNA CLADAKIS, APPELLEES

Subsequent History: Rehearing, en banc, denied by Miller v. Provident Adver. & Mktg., 2014 Miss. App. LEXIS 586 (Miss. Ct. App., Oct. 14, 2014)

Writ of certiorari denied, En banc Miller v. Provident Adver. & Mktg., 2015 Miss. LEXIS 21 (Miss., Jan. 15, 2015)

Writ of certiorari denied, En banc Miller v. Provident Adver. & Mktg., 154 So. 3d 33, 2015 Miss. LEXIS 29 (Miss., 2015)

Writ of certiorari denied, En banc Miller v. Provident Adver. & Mktg., 2015 Miss. LEXIS 34 (Miss., Jan. 15, 2015)

Writ of certiorari denied, En banc Miller v. Provident Adver. & Mktg., 2015 Miss. LEXIS 32 (Miss., Jan. 15, 2015)

US Supreme Court certiorari denied by Cladakis v. Miller, 2015 U.S. LEXIS 4230 (U.S., June 22, 2015)

Prior History:  [**1] COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 05/11/2012. TRIAL JUDGE: HON. GERALD W. CHATHAM SR. TRIAL COURT DISPOSITION: APPELLEES' MOTIONS TO DISMISS GRANTED.

COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 11/6/2012. TRIAL JUDGE: GERALD W. CHATHAM SR. TRIAL COURT DISPOSITION: MOTION FOR COSTS AND ATTORNEYS' FEES GRANTED IN FAVOR OF APPELLEE ANNA CLADAKIS.

Disposition: AFFIRMED IN PART; REVERSED AND REMANDED IN PART. REVERSED AND RENDERED.

CORE TERMS

trial court, nonresident, personal jurisdiction, resident, alienation of affection, attorney's fees, motion to dismiss, mailed, federal court, long-arm, motions, notice, phone, defendants', alienation-of-affection, allegations, sexual, minimum contact, motion to quash, forum state, state court, contacts, amend, costs, improper conduct, do business, inflicted, removal, facie, lack of personal jurisdiction

Civil Procedure, Appeals, Standards of Review, De Novo Review, Evidence, Inferences & Presumptions, Presumptions, Responses, Defenses, Demurrers & Objections, Motions to Dismiss, In Rem & Personal Jurisdiction, In Personam Actions, General Overview, Due Process, Long Arm Jurisdiction, Torts, Procedural Matters, Commencement & Prosecution, In Personam Jurisdiction, Interference With Personal Relationships, Alienation of Affection & Criminal Conversation, Elements, Minimum Contacts, Purposeful Availment, Burdens of Proof, Allocation, Burden Shifting, Federal & State Interrelationships, Choice of Law, Removal, Postremoval Remands, Motions for Remand, Pleading & Practice, Motion Practice, Time Limitations, Jurisdictional Defects, Sanctions, Baseless Filings, Frivolous Lawsuits, Attorney Fees & Expenses, Basis of Recovery, Statutory Awards, Vexatious Litigants