John G. Middleton D/B/A Middleton Oil Company v. Kawasaki Steel Corporation

John G. Middleton, plaintiff below, appeals from a judgment dismissing Kawasaki Steel Corporation granted after the court heard a special appearance motion in which Kawasaki alleged a lack of jurisdiction over its person. The courts decision to dismiss is based upon two grounds: (1) that Kawasaki Steel Corporation lacks minimum contacts with this forum so that exercise of jurisdiction over it would violate due process and (2) Middleton has not properly invoked the jurisdiction of the court in that it has not alleged the jurisdictional requirements of the Texas Long Arm Statute nor effected service according to that statute. We reverse and remand because we hold that: (1) Kawasaki did have minimum contacts with this forum at the time Middletons alleged cause of action accrued and should be subjected to suit in this state; and (2) Kawasakis complaints as to service amount to a motion to quash and should not have been considered by the trial court in a Rule 120a special appearance hearing. See Tex. R. Civ. P. 120a.