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Knight v. Wood Field, No. 2009-IA-01371-SCT (Miss.; Jan. 06. 2011)

Knight v. Wood Field, No. 2009-IA-01371-SCT (Miss.; Jan. 06. 2011)

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Court finds that text messaging and emailing lover in Mississippi is sufficient to support the assertion of personal jurisdiction (for alienation of affection) in Mississippi.
Court finds that text messaging and emailing lover in Mississippi is sufficient to support the assertion of personal jurisdiction (for alienation of affection) in Mississippi.

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Published by: Venkat Balasubramani on Jan 12, 2011
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01/12/2011

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IN THE SUPREME COURT OF MISSISSIPPINO. 2009-IA-01371-SCT
WILLIAM P. KNIGHT, II v. ERIC WOODFIELD
DATE OF JUDGMENT:08/10/2009TRIAL JUDGE:HON. ROBIN ALFRED MIDCALFCOURT FROM WHICH APPEALED:HARRISON COUNTY COUNTY COURTATTORNEY FOR APPELLANT:CHAD PATRICK FAVREATTORNEY FOR APPELLEE:JOHN VERNON WOODFIELD NATURE OF THE CASE:CIVIL - DOMESTIC RELATIONSDISPOSITION:AFFIRMED AND REMANDED - 01/06/2011MOTION FOR REHEARING FILED:MANDATE ISSUED:
BEFORE CARLSON, P.J., RANDOLPH AND KITCHENS, JJ.CARLSON, PRESIDING JUSTICE, FOR THE COURT:
 ¶1. Eric Woodfield filed a complaint alleging alienation of affections against WilliamKnight in the County Court of Harrison County. Knight filed a motion to dismiss for lack of personal jurisdiction pursuant to Mississippi Rule of Civil Procedure 12(b)(2), which thecounty court denied. We granted Knight’s petition for an interlocutory appeal. However,having now considered the issues raised, we affirm the judgment of the county court.
 
Dokka’s cellular phone is registered in Louisiana and has a Louisiana telephone
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FACTS AND PROCEEDINGS IN THE TRIAL COURT
 ¶2. Eric Woodfield and his wife, Kristina Dokka, resided in Long Beach, Mississippi,from July 2006 until their separation in April 2007. During this time, Dokka commuted fromher home in Mississippi to her job in Louisiana. Dokka was a coworker of William Knight,a Louisiana resident. ¶3.Woodfield claims to have noticed a substantial change in his marital relationship withDokka in January 2007. He noticed that Dokka had become very protective of her cellular  phone, would not answer text messages around him, and would use the couple’s computer for extended periods of time while she thought he was asleep. Woodfield also claims thathis sexual relationship with Dokka diminished during this time. This activity promptedWoodfield to access Dokka’s cellular phone, where he discovered numerous text messages
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from Knight as well as partially nude photos of Dokka which had been sent to Knight.Woodfield also examined Dokka’s phone records and discovered that in February 2007, sheand Knight had talked for 120 minutes and had exchanged 131 text messages. In March2007, Dokka spoke with Knight for 860 minutes and the two exchanged 807 text messages. ¶4. Knight and Dokka also exchanged numerous emails during this time. One email sent by Knight to Dokka stated, “I refuse to feel guilty about falling for you,” and “[y]ou enter marriage by choice and you can leave it by choice anytime you choose.” Dokka also statedin an email that she “had fallen” for Knight.
 
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 ¶5. Upon discovering these communications between Knight and Dokka, Woodfield sentKnight an email requesting that Knight stop pursuing Dokka because Woodfield was tryingto salvage his marriage. Knight continued communicating with Dokka despite Woodfield’srequest. ¶6. Knight admitted he was aware that Dokka and Woodfield were married and thatDokka lived with Woodfield in Mississippi. Knight claims that he and Dokka were never  physically together in Mississippi while she was married to Woodfield. ¶7. Woodfield and Dokka separated on April 4, 2007, and were divorced on July 16,2007. After the separation, Dokka moved to Louisiana. She and Knight are now married andliving in Louisiana. Woodfield is still a resident of Mississippi. ¶8. On January 15, 2008, Woodfield filed a complaint against Knight in the County Courtof Harrison County alleging alienation of affections. In his complaint, Woodfield allegedthat he had suffered loss of consortium as a proximate result of Knight’s actions. Knightfiled his first motion to dismiss for lack of personal jurisdiction on March 14, 2008, but thetrial court denied this motion due to incomplete discovery. On July 9, 2009, Knight filed asecond motion to dismiss, again alleging lack of personal jurisdiction. In his response toKnight’s second motion, Woodfield claimed that the communications between Knight andDokka, while she was physically present in Mississippi, had resulted in his loss of consortium, the damage of which had occurred entirely in Mississippi. The trial court deniedKnight’s second motion to dismiss, finding that the injury, if any, potentially occurred within

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