Exito Electronics., Co. v. Trejo (166 S.W.3d 839, 2005)

OPINION

Opinion by

Justice CASTILLO.

This is an interlocutory appeal from the trial court’s order denying the special appearance of Exito Electronics Company, Ltd. (“Exito-Taiwan”), appellant. Appel-lees include Virginia Trejo, individually and as representative of the estate of Pau-lino Trejo, Nadia Guadalupe Salvador Guzman, individually, and Aurelio Salvador Florez, individually and as representative of the estate of Juana Zuniga, deceased, and as next friend of Maria de la Luz Crecencia Salvador Guzman, a minor (together, “Trejo”). Appellees also include Pacific Eleetricord Co., Inc. (“Pacific Elec-tricord”) and Woods Industries, Inc. (“Woods”). We affirm the trial court’s denial of the special appearance as to Exi-to-Taiwan and reverse as to Exito-Philip-pines.

I. RELEVANT FACTS AND PROCEDURAL BACKGROUND

On Christmas Day in 1998, Paulino Tre-jo and Juana Zuniga died in a house fire in Hillsboro, Texas. Relatives of the victims filed suit on September 9, 1999, alleging the fire was caused by a defective extension cord. Original defendants included numerous alleged distributors. An amended petition filed December 22, 2000, included Exito-Taiwan as a defendant. It alleged that Exito-Taiwan had manufactured the extension cord in issue and that, although Exito-Taiwan was a foreign corporation organized under the laws of Taiwan, it conducted business in Texas. Tre-jo sought service on Exito-Taiwan under rule 108a(l)(e) of the Texas Rules of Civil Procedure and the Texas long-arm statute, as provided in sections 17.044 and 17.045 of the Texas Civil Practices and Remedies Code.