B.G.C. v. M.Y.R. ( 2020 )


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  • AFFIRMED and Opinion Filed October 9, 2020
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-20-00318-CV
    B.G.C., Appellant
    V.
    M.Y.R., Appellee
    On Appeal from the 429th Judicial District Court
    Collin County, Texas
    Trial Court Cause No. 429-05292-2018
    MEMORANDUM OPINION
    Before Justices Molberg, Carlyle, and Browning
    Opinion by Justice Browning
    In 2013, appellant BGC (an Oregon resident)1 and appellee MYR (a Texas
    resident) began a dating relationship. The relationship abruptly ended in 2017.
    During the relationship, MYR sent intimate photographs of herself to BGC that she
    intended to remain private. Subsequently, MYR discovered BGC’s family viewed
    the photographs, and BGC secretly took other intimate photos of her during their
    time together.
    1
    Although MYR’s original and amended petitions stated BGC lived in Washington, he testified during
    a deposition that he resides in Oregon.
    MYR brought the underlying lawsuit against BGC for invasion of privacy,
    aiding and abetting the invasion of privacy, violating Texas Civil Practice and
    Remedies Code sections 98B.002 and 143.001, and intentional infliction of
    emotional distress.          BGC filed a special appearance challenging personal
    jurisdiction. After a hearing, the trial court denied BGC’s special appearance. 2
    On appeal, BGC argues the trial court erred by denying his special appearance
    because he did not have minimum contacts with Texas, and the exercise of personal
    jurisdiction offends the traditional notions of fair play and substantial justice. We
    disagree. For the reasons discussed below, we affirm the trial court’s order denying
    BGC’s special appearance.3
    Background
    We begin by acknowledging that the pleadings and evidence in this case
    involve facts of a sensitive nature to those involved, some of which are not relevant
    to our jurisdictional analysis. We include only the relevant facts necessary to
    determine whether BGC’s contacts with Texas support specific jurisdiction over his
    person. See TEX. R. APP. P. 47.1.
    2
    The original lawsuit also included defendants ABC and KRC, appellant’s adult daughters who both
    saw one photograph of MYR and allegedly shared it with others. ABC is a resident of Washington, and
    KRC is a resident of Virginia. The trial court granted their special appearances and dismissed them from
    the suit. They are not before the Court on appeal.
    3
    Although BGC challenged both general and specific jurisdiction in the trial court, the parties agree
    only specific jurisdiction is at issue on appeal. We limit our analysis accordingly. TEX. R. APP. P. 47.1.
    –2–
    BGC is a wealthy man who has repeatedly traveled to Texas through the years
    for various business reasons and for amorous meetings with MYR. The two engaged
    in a long-distance relationship for approximately three years. MYR believed the
    relationship was monogamous, and they often discussed marriage. She described
    the relationship as a “mature, private, long-distance, intimate relationship.”
    When BGC visited MYR in Texas, he typically flew on his private jet, which
    he landed, stored, and refueled at Dallas Love Field. He reserved and paid for hotel
    rooms in Dallas where they met and engaged in intimate activities. When MYR
    traveled to meet BGC in other locations, BGC paid for her airfare either through her
    use of a credit card he provided to her or by wiring money into her Texas bank
    account.
    Due to the long-distance nature of the relationship, the two talked on the phone
    daily. BGC called and texted MYR in Texas hundreds of times during the three-
    year relationship.
    As the relationship progressed, BGC encouraged MYR to send him intimate
    photos. BGC provided MYR with a phone specifically for the purpose of sending
    and receiving private, intimate photos. Although BGC did not remember telling
    MYR he wanted a separate phone for sending and receiving pictures, “I did tell her
    that I had another phone that I use only as a picture phone, that if she had photos she
    wanted to send, she could send them to there.” MYR alleged BGC repeatedly
    requested and pressured her to send intimate pictures of herself using the phone. He
    –3–
    claimed he wanted the pictures because he loved her, he missed her, and the photos
    would “forever be our private secret.”
    MYR eventually acquiesced “because she was in love with BGC, they lived
    in different cities, she believed they would be married and she trusted” him. She
    believed the personal images “would forever be kept private, secure, and viewed
    only” by BGC as he promised.           BGC also sent MYR numerous unsolicited
    photographs of his genitals with vivid descriptions of sexual acts. He sent the photos
    to the phone he provided to her.
    MYR later discovered, that in addition to the intimate photographs she sent
    BGC, he secretly took naked photos of her while they stayed in hotel rooms in Texas.
    In October 2017, MYR received a “Dear John” letter from BGC ending their
    relationship. She never saw BGC again.
    Two years after the break up, MYR filed suit. Relevant to this appeal, MYR
    filed suit alleging (1) invasion of privacy, (2) violation of Texas Civil Practice and
    Remedies Code section 98B.002, and (3) intentional infliction of emotional distress.
    BGC filed a special appearance. After a hearing, the trial court denied BGC’s special
    appearance. This interlocutory appeal followed.
    Scope of Pleadings and Fair Notice Pleading Standard
    Before considering whether MYR pleaded sufficient facts to bring BGC
    within the personal jurisdiction of this state, we must determine the scope of the facts
    –4–
    we may consider and whether her pleadings include the claims upon which her
    jurisdictional facts rely.
    Because the plaintiff defines the scope and nature of the lawsuit, the
    defendant’s corresponding burden to negate jurisdiction is tied to the allegations in
    the plaintiff’s pleading. Kelly v. Gen. Interior Const., Inc., 
    301 S.W.3d 653
    , 658
    (Tex. 2010). The defendant has no burden to negate a potential basis for personal
    jurisdiction when the plaintiff failed to plead it. Id.; Stocksy United v. Morris, No.
    01-18-00924-CV, 
    2019 WL 6904546
    , at *6 (Tex. App.—Houston [1st Dist.] Dec.
    19, 2019, no pet.). However, we have held the plaintiff’s original pleading as well
    as the response to the defendant’s special appearance can be considered in
    determining whether the plaintiff satisfied her burden. See Invasix, Inc. v. James,
    No. 05-19-00494-CV, 
    2020 WL 897243
    , at *4 (Tex. App.—Dallas Feb. 25, 2020,
    no pet.) (mem. op.); see also Flanagan v. Royal Body Care, Inc., 
    232 S.W.3d 369
    ,
    374 (Tex. App.—Dallas 2007, pet. denied) (considering response to special
    appearance rather than limiting review to jurisdictional allegations in third party
    petition); see also Alliance Royalties, LLC v. Boothe, 
    329 S.W.3d 117
    , 120–21 (Tex.
    App.—Dallas 2010, no pet.).
    In BGC’s brief, he argues MYR’s first amended petition did not plead a single
    fact supporting her allegation that he invaded her privacy by surreptitiously taking
    nude photos of her while in hotel rooms in Texas. Rather, MYR first included these
    additional allegations in an affidavit attached to her response to the special
    –5–
    appearance. Thus, he contends “the failure to mention or include these specific
    claims related to this surreptitious photography means that the burden never shifted
    to [him] and thus leaves no issue for the Court to consider on appeal.”
    BGC recognized our holding in Invasix during oral argument and conceded
    we may consider MYR’s response when determining whether MYR satisfied her
    burden of pleading facts in support of her claims in her first amended petition (the
    controlling pleading). He argued, however, MYR cannot add new claims in a
    response.
    Under our “relatively liberal” fair notice standard, “a petition is sufficient if it
    gives fair and adequate notice of the facts upon which the pleader bases his claim.”
    Kopplow Dev., Inc. v. City of San Antonio, 
    399 S.W.3d 532
    , 536 (Tex. 2013); see
    also TEX. R. CIV. P. 47 (requiring pleadings contain “a short statement of the cause
    of action sufficient to give fair notice of the claim involved”). The test for
    determining whether a petition provides fair notice is whether the opposing party
    can ascertain from the pleading the nature of and basic issues presented by the
    controversy and what evidence might be relevant. First United Pentecostal Church
    of Beaumont v. Parker, 
    514 S.W.3d 214
    , 224–25 (Tex. 2017). The question is
    “whether the pleadings have provided the opposing party sufficient information to
    enable that party to prepare a defense or a response.” Id.; Kopplow 
    Dev., 399 S.W.3d at 536
    .
    –6–
    Under the fair notice pleading standard, we look to the pleader’s intent, and a
    pleading will be found sufficient “even if some element of a cause of action has not
    been specifically alleged” because “[e]very fact will be supplied that can be
    reasonably inferred from what is specifically stated.” Roark v. Allen, 
    633 S.W.2d 804
    , 809 (Tex. 1982); see also Aldous v. Bruss, 
    405 S.W.3d 847
    , 857 (Tex. App.—
    Houston [14th Dist.] 2013, no pet.) (“It is not a valid objection to generally complain
    that the pleading does not set out enough factual details if fair notice of the claim is
    given.”). In the absence of special exceptions, the petition should be construed
    liberally in favor of the pleader. 
    Roark, 633 S.W.2d at 809
    .
    In her first amended petition, MYR alleges BGC invaded her privacy, in part,
    because she did not provide actual or effective consent for BGC to “maintain the
    Plaintiff’s illegally acquired intimate, private images, data, and private
    communications.” She further alleged, “Despite Plaintiff’s reasonable expectation
    of privacy, defendant’s actions, both separately and in combination with each other,
    circumvented plaintiff’s right to privacy . . . .” In the absence of special exceptions,
    we liberally construe the allegations in favor of MYR and conclude it is sufficient to
    encompass the alleged secret photos taken by BGC while visiting Texas.
    We recognize BGC, as the defendant, is expected to negate all bases of
    jurisdiction and therefore, the jurisdictional basis should be pleaded clearly and
    concisely. See Hoffmann v. Dandurand, 
    180 S.W.3d 340
    , 350 (Tex. App.—Dallas
    2005, no pet.). A defendant cannot be expected to negate a theory of jurisdiction
    –7–
    when it is buried in the pleadings.
    Id. (concluding alter ego
    theory of liability was
    not clearly and concisely pleaded). However, MYR’s invasion of privacy claim was
    not “buried” in the pleading. Rather, her cause of action was clearly pleaded. She
    included additional jurisdictional facts in the affidavit attached to her response, to
    which BGC did not object, to support her burden. She did not add a new claim in
    her response.    Accordingly, we consider whether BGC is subject to specific
    jurisdiction in Texas in light of MYR’s first amended pleading and response.
    Special Appearance Standard of Review and Applicable Law
    Whether a trial court has personal jurisdiction over a nonresident defendant is
    a question of law we review de novo. Old Republic Nat’l Title Ins. Co. v. Bell, 
    549 S.W.3d 550
    , 558 (Tex. 2018); see also Golden Peanut Co., LLC v. Give & Go
    Prepared Foods Corp., No. 05-18-00626-CV, 
    2019 WL 2098473
    , at *2 (Tex.
    App.—Dallas May 14, 2019, no pet.) (mem. op.). If, as in this case, the trial court
    does not issue findings of fact and conclusions of law with its special appearance
    ruling, we imply all findings of fact necessary to support its ruling that are supported
    by the evidence. BMC Software Belgium, N.V. v. Marchand, 
    83 S.W.3d 789
    , 795
    (Tex. 2002). When jurisdictional facts are undisputed, whether those facts establish
    jurisdiction is a question of law. Old 
    Republic, 549 S.W.3d at 558
    .
    When the appellate record includes the reporter’s and clerk’s records, as is the
    case here, these implied findings are not conclusive and may be challenged for legal
    and factual sufficiency on appeal. BMC 
    Software, 83 S.W.3d at 795
    . A legal
    –8–
    sufficiency challenge to a finding fails if there is more than a scintilla of evidence to
    support the finding.
    Id. A factual sufficiency
    challenge fails unless the trial court’s
    finding is so contrary to the overwhelming weight of the evidence as to be clearly
    wrong and unjust. 
    Hoffmann, 180 S.W.3d at 345
    .
    Texas courts may exercise personal jurisdiction over a nonresident defendant
    if (1) the Texas long-arm statute permits exercising jurisdiction and (2) asserting
    jurisdiction satisfies constitutional due process guarantees. Cornerstone Healthcare
    Grp. Holding, Inc. v. Nautic Mgmt. VI, L.P., 
    493 S.W.3d 65
    , 70 (Tex. 2016). The
    Texas long-arm statute reaches “as far as the federal constitutional requirements that
    due process will allow.” Am. Type Culture Collection, Inc. v. Coleman, 
    83 S.W.3d 801
    , 806 (Tex. 2002). Personal jurisdiction over a nonresident defendant satisfies
    constitutional due process guarantees when (1) the nonresident defendant has
    established minimum contacts with the forum state and (2) exercising jurisdiction
    comports with traditional notions of fair play and substantial justice. See M & F
    Worldwide Corp. v. Pepsi-Cola Metro. Bottling Co., 
    512 S.W.3d 878
    , 885 (Tex.
    2017) (citing Walden v. Fiore, 
    571 U.S. 277
    , 283 (2014)).
    Minimum contacts are established when the nonresident defendant
    purposefully avails himself of the privilege of conducting activities within the forum
    state, thus invoking its laws’ benefits and protections. Kelly, 
    Inc., 301 S.W.3d at 657
    –58.    The purposeful-availment inquiry includes three parts: (1) only the
    defendant’s contacts are relevant; (2) the contacts must be purposeful, not random,
    –9–
    fortuitous, or attenuated; and (3) the defendant must seek some advantage, benefit,
    or profit by availing himself of the forum. Moki Mac River Expeditions v. Drugg,
    
    221 S.W.3d 569
    , 575 (Tex. 2007).
    A nonresident defendant’s forum-state contacts may give rise to two types of
    personal jurisdiction: general and specific.
    Id. Specific jurisdiction, also
    called
    case-linked jurisdiction, is established if the defendant’s alleged liability arises out
    of or relates to the defendant’s contacts with the forum state.
    Id. at 576.
    A claim
    arises from or relates to the forum contacts if there is a “substantial connection
    between [the] contacts and the operative facts of the litigation.”
    Id. at 585.
    Specific
    jurisdiction requires us to analyze jurisdictional contacts on a claim-by-claim basis
    unless all claims arise from the same forum contacts. Moncrief Oil Int’l Inc. v. OAO
    Gazprom, 
    414 S.W.3d 142
    , 150–51 (Tex. 2013).
    The Supreme Court has emphasized that the defendant’s relationship, not the
    plaintiff’s relationship, with the forum state is the proper focus of the specific
    jurisdiction analysis. Searcy v. Parex Res., Inc., 
    496 S.W.3d 58
    , 67 (Tex. 2016). In
    short, specific jurisdiction “does not turn on where a plaintiff happens to be, and
    does not exist where the defendant’s contacts with the forum state are not
    substantially connected to the alleged operative facts of the case.”
    Id. at 70.
    Specific Jurisdiction Analysis
    Three of MYR’s claims are relevant to this appeal, and we shall discuss the
    jurisdictional contacts of each in turn.
    –10–
    The elements of a claim for invasion of privacy by intrusion are an intentional
    intrusion, physically or otherwise, upon another’s solitude, seclusion, or private
    affairs, which would be highly offensive to a reasonable person of ordinary
    sensibilities and result in injury because of the intrusion. See Moricz v. Long, No.
    06-17-00011-CV, 
    2017 WL 3081512
    , at *5 (Tex. App.—Texarkana July 20, 2017,
    no pet.) (mem. op.) (citing Valenzuela v. Aquino, 
    853 S.W.2d 512
    , 513 (Tex. 1993)).
    MYR alleged BGC solicited her in Texas to provide intimate photos using cell
    phones, text messages, email, and other electronic media. The “private, intimate
    images/materials were all created under circumstances in which [MYR] reasonably
    expected and believed that they were and would always remain private and secure.”
    In her response, she further alleged he secretly took photos of her while the two
    stayed in a Texas hotel.
    The record indicates BGC traveled to Texas to visit MYR approximately a
    dozen times. During these visits, BGC booked and paid for hotel rooms where they
    spent several nights together. He secretly took naked photos of her while staying at
    a Texas hotel.
    When BGC was not traveling to see MYR, he provided a credit card for her
    use in Texas or he wired money to her in Texas to pay for her travel. On many
    occasions, BGC directly deposited $10,000 into her Texas bank account for her to
    purchase airfare. When the funds depleted, he replenished her account. MYR
    estimated she traveled at his request from Texas to wherever he was located
    –11–
    approximately seventy times over their three-year relationship. These contacts are
    of such a nature and quality that a substantial connection exists between them and
    the operative facts of the litigation as they pertain to her invasion of privacy claim.
    In addition to those contacts, when BGC was not in Texas, the two talked on
    the phone daily. MYR estimated BGC called and texted her in Texas hundreds of
    times during the three-year relationship. We recognize the minimum contacts
    analysis focuses on “the quality and nature of the defendant’s contacts, rather than
    their number.” Searcy, 496 S.W3d at 69. The number of phone calls and text
    messages alone do not support minimum contacts in this case. See Invasix, 2020
    897243, at *7 (seventy-seven emails and five phone calls to Texas over three years
    was not dispositive of specific jurisdiction inquiry). However, the allegations that
    BGC repeatedly called and texted MYR in Texas “for a period of weeks and months”
    pressuring her to provide naked photographs on a phone he provided her as part of
    getting to know her, gaining her trust, and ultimately breaking that trust led, in part,
    to her present claim for invasion of privacy.
    In another case with different facts, phone calls and texts messages to the cell
    phone of a Texas resident in a dating relationship with a non-resident defendant may
    not be sufficient to consider in the minimum contacts analysis. Given the nature and
    quality of the phone calls and texts here, however, we will not turn a blind eye to
    –12–
    BGC’s actions. Thus, we conclude consideration of the phone calls and text
    messages may be considered, though they are not determinative, in our analysis.4
    BGS’s contacts in Texas with MYR were not random and isolated, but instead
    constituted purposeful, continued contacts in Texas over the course of a three-year
    relationship. And while he contends he did not seek any benefit from the state, he
    actively pursued a relationship with a Texas resident, whom he allegedly persuaded
    to provide intimate photos, and he likewise secretly took photos of her while in
    Texas. One may speculate about the benefit BGC received from the taking of such
    photos, but to say he received no benefit from a Texas resident is incredulous.
    Considering the evidence in the light most favorable to the trial court’s order
    and indulging every reasonable inference supporting the trial court’s implied
    findings, we conclude the evidence is legally sufficient to support the trial court’s
    implied findings and conclusions that sufficient minimum contacts with Texas exist
    to subject BGC to the specific, personal jurisdiction of Texas courts regarding
    MYR’s invasion of privacy claim. See Olympia Capital 
    Assocs., 247 S.W.3d at 408
    (“A legal sufficiency challenge to a finding of fact fails if there is more than a
    scintilla of evidence to support the finding.”).
    4
    We acknowledge “changes in technology have made reliance on phone calls obsolete as proof of
    purposeful availment.” Michiana Easy Livin’ Country, Inc. v. Holten, 
    168 S.W.3d 777
    , 791 (Tex. 2005).
    Rather, the important factor is the extent of the defendant’s activities, not merely the residence of the victim.
    Id. at 789–90.
    As explained, we do not rely on the phone calls and text messages alone to uphold the trial
    court’s implied conclusion that BGC purposely availed himself of jurisdiction in Texas.
    –13–
    We now consider the jurisdictional facts as pleaded supporting MYR’s
    intentional infliction of emotional distress claim. To establish intentional infliction
    of emotional distress, she must establish that (1) BGC acted intentionally or
    recklessly; (2) his conduct was extreme and outrageous; (3) his actions caused her
    emotional distress; and (4) the emotional distress was severe. See Kroger Tex. Ltd.
    P’ship v. Suberu, 
    216 S.W.3d 788
    , 796 (Tex. 2006). In addition to the facts alleged
    above in her invasion of privacy claim, which MYR incorporated by reference into
    her IIED claim, MYR alleged BGC sent unsolicited, graphic photographs of his erect
    penis to the cell phone he provided her in Texas. These pictures were sent without
    her request or permission and often contained “his graphic description of what he
    would prefer to be doing with or to [her] at the moment.” Despite asking him to stop
    sending the illicit photos, he continued. BGC did not deny sending these unsolicited
    photos and actually testified during the special appearance hearing that he believed
    he sent a photo of his erect penis to MYR while she was in Texas.
    MYR described feelings of humiliation, anxiety, fear, sadness, and severe
    emotional distress because of BGC’s actions. She maintains that she has suffered
    sleepless nights and nightmares, lost a great deal of weight, and sought professional
    care for anxiety. She fears her daughters will see the images BGC and his family
    members have of her.
    Again, BGC’s contacts directed to a Texas resident were purposeful, not
    random, fortuitous, or attenuated, and he sought a benefit by availing himself of the
    –14–
    forum. Moki 
    Mac, 221 S.W.3d at 575
    . In reaching this conclusion, we reject BGC’s
    argument that MYR’s claims are nothing more than the obsolete “direct a tort”
    theory of personal jurisdiction. See, e.g., 
    Michiana, 168 S.W.3d at 789
    . Our
    conclusion is not based on the mere fact that MYR lives in Texas and allegedly
    suffered harm here.
    Rather, BGC became subject to specific jurisdiction in Texas when he
    allegedly “courted MYR in Texas, sent money to her here, solicited her naked
    images here, defrauded her with false promises of confidentiality here and sent
    unsolicited photos of his genitals here, only to ultimately betray her, misuse her
    images and invade her privacy.” BGC aggressively contacted and maintained a
    steady relationship with a Texas resident ultimately leading to the alleged causes of
    actions.
    BGC’s actionable conduct from which MYR’s IIED claim arises occurred in
    Texas. The operative facts of the litigation concern the relationship of the parties,
    the pictures he secretly took of MYR in Texas hotel rooms, and the unsolicited
    pictures he sent her while she was in Texas. Thus, his potential liability arises from
    his conduct in Texas and his actions directed towards a Texas resident. See, e.g.,
    Moki 
    Mac, 221 S.W.3d at 585
    .
    The final test for legal sufficiency must always be whether the evidence at
    trial would enable reasonable and fair-minded people to reach the decision under
    review. City of Keller v. Wilson, 
    168 S.W.3d 802
    , 827 (Tex. 2005). A reviewing
    –15–
    court cannot substitute its judgment for that of the trier-of-fact so long as the
    evidence falls within this zone of reasonable disagreement.
    Id. at 822.
    Considering the evidence in the light most favorable to the trial court’s order
    and indulging every reasonable inference supporting the trial court’s implied
    findings, we conclude the evidence is legally sufficient to support the trial court’s
    implied finding and conclusion that sufficient minimum contacts with Texas exist to
    subject BGC to the specific, personal jurisdiction of Texas’s courts regarding
    MYR’s invasion of privacy and intentional infliction of emotional distress claims.
    See Olympia Capital 
    Assocs., 247 S.W.3d at 408
    .
    Finally, MYR asserted BGC violated Texas Civil Practice and Remedies Code
    section 98B.002, which provides damages if a person unlawfully discloses or
    promotes certain intimate visual material. See TEX. CIV. PRAC. & REM. CODE ANN.
    § 98B.002(a). Regardless of the alleged facts supporting jurisdiction, the statute
    itself confers jurisdiction over a non-resident defendant. Section 98B.006 provides
    in relevant part, “A court has personal jurisdiction over a defendant in a suit under
    this chapter if . . . the claimant who is depicted in the intimate visual material resides
    in this state.”
    Id. § 98B.006 (2).
    Accordingly, BGC is subject to the personal
    jurisdiction of Texas’s courts regarding MYR’s section 98B.002 claim.
    Having concluded minimum contacts exist, we consider whether the exercise
    of personal jurisdiction satisfies the traditional notions of fair play and substantial
    justice. Moncrief Oil Int’l 
    Inc., 414 S.W.3d at 154
    . This involves considering the
    –16–
    following factors, when appropriate: (1) burden on the nonresident defendant; (2)
    the forum state’s interest in adjudicating the dispute; (3) the plaintiff’s interest in
    obtaining convenient and effective relief; (4) the interstate judicial system’s interest
    in obtaining the most efficient resolution of controversies; and (5) the shared interest
    of several states in furthering substantive social policies.
    Id. at 155.
    When a nonresident has purposefully established minimum contacts with the
    forum state, it will be only a rare case when the exercise of jurisdiction over that
    defendant does not comport with traditional notions of fair play and substantial
    justice.
    Id. at 154.
    This is not one of those rare cases.
    Subjecting BGC to suit in Texas may impose some burden, but the same can
    be said of all nonresidents. Distance alone cannot ordinarily defeat jurisdiction.
    Id. at 155.
    BGC admitted during the special appearance hearing he regularly traveled
    to Texas on his private jet to conduct business and engage in intimate relations with
    MYR. He kept his private jet at Dallas Love Field and routinely stayed in Texas
    hotels. Evidence admitted at the hearing indicates he maintains an interest in a
    business entity in Texas. We can hardly conclude it imposes a substantial burden on
    BGC to fly on his private jet to Texas for litigation given the other circumstances in
    which he has repeatedly visited the state. Further, MYR, a Texas resident, has an
    interest in obtaining convenient relief in Texas. To the extent the record indicates
    she visited BGC in his home state, these trips were arranged and funded by BGC;
    therefore, we do not weigh this factor in his favor. The allegations that BGC
    –17–
    committed torts in Texas against a Texas resident implicate a serious state interest
    in adjudicating the dispute. See
    id. A state has
    an interest in protecting its citizens
    from such behavior. See, e.g., Cappucitti v. Gulf Indus. Prods., Inc., 
    222 S.W.3d 468
    , 487 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (Texas had substantial
    interest in protecting citizens from both breach of contract and tortious acts
    committed by nonresidents). Balancing the factors, the burden on BGC of litigating
    in a foreign jurisdiction is minimal and outweighed by Texas’s interests in
    adjudicating the dispute.
    We overrule BGC’s specific-jurisdiction challenge.
    Conclusion
    We conclude the Texas long-arm statute permits the exercise of jurisdiction
    over BGC and the assertion of jurisdiction is consistent with the traditional notions
    of fair play and substantial justice. The trial court did not err by denying BGC’s
    special appearance. Accordingly, we affirm the trial court’s order.
    /John G. Browning/
    JOHN G. BROWNING
    JUSTICE
    200318F.P05
    –18–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    B.G.C., Appellant                              On Appeal from the 429th Judicial
    District Court, Collin County, Texas
    No. 05-20-00318-CV           V.                Trial Court Cause No. 429-05292-
    2018.
    M.Y.R., Appellee                               Opinion delivered by Justice
    Browning. Justices Molberg and
    Carlyle participating.
    In accordance with this Court’s opinion of this date, the judgment of the trial
    court is AFFIRMED.
    It is ORDERED that appellee Maura Young Robinson recover her costs of
    this appeal from appellant Barton G. Colson.
    Judgment entered October 9, 2020.
    –19–