Lively v. Ijam, Inc.
114 P.3d 487 (2005)
Issues
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Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
P an Oklahoma resident, filed a small claims affidavit alleging that he purchased a laptop on April 2, 1999, from D, a Georgia corporation. P claims that he contacted D in February 2000 after the computer began malfunctioning. After being informed that the computer was still under warranty, P returned the computer to D for repair. D sent the computer back to P in June 2000. P claims that the computer again stopped working about two weeks after he received it and he contacted D and was told to return the computer for repair. P claims that he returned the computer to D a second time, but since returning it, he has not heard from D and D has not returned the computer. P claims that Ds owe him $1,748.00, or in the alternative, they should return his computer and give him the reasonable costs and legal fees incurred in bringing the matter to small claims court. Ds filed a special appearance and motion to transfer the action from the small claims docket to the civil docket so that they could contest the court's in personam jurisdiction. D is a Georgia corporation with its offices located in Tucker, Georgia. D has no offices or employees in the state of Oklahoma. D has a website on the internet where it offers computers and related products for sale. D further claimed that the sales invoice sent to P contained a 'consent to jurisdiction' provision. The trial court entered judgment in favor of P in the amount of $ 2,000.00. D appealed.
Holding & Decision
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Legal Analysis
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