Walker Management Inc. v. FHC Enterprises, Inc. , 1989 Minn. App. LEXIS 1130 ( 1989 )

SCHUMACHER, Judge

(dissenting).

I respectfully dissent.

When there is a close question, doubts are to be resolved in favor of extending jurisdiction. Hardrives, Inc. v. City of LaCrosse, Wisconsin, 307 Minn. 290, 296, 240 N.W.2d 814, 818 (1976).

Under the five-factor test adopted in Vikse v. Flaby, 316 N.W.2d 276, 282 (Minn. 1982), the quantity, nature, and quality of the contacts FHC had with Minnesota are sufficient to support extending personal jurisdiction. FHC communicated with Walker extensively through the mail and almost daily over the telephone. Employees from FHC met with Walker employees in Minneapolis, and virtually all of the work Walker performed for FHC was done in their Minneapolis office. In addition, a choice-of-law clause is not sufficient to confer jurisdiction. Dent-Air, Inc. v. Beech Mountain Air Service, Inc., 332 N.W.2d 904, 908 (Minn.1983).

I would affirm the trial court.