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In 2014, Mercer served as the primary caretaker for Clifton and Eleanor. Lori-Belle MacKinnon, a Canadian citizen and resident, is Eleanor’s niece. Eleanor was a dual citizen of the United States and Canada.
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Mercer is the daughter of Clifton Wood and the step-daughter of Eleanor Grace Wood. BACKGROUND The facts are drawn from the allegations in the complaint. Consequently, we will affirm the judgment below. We conclude that the facts do not establish personal jurisdiction over the defendant under the only basis presented to us, the “persistent course of conduct” clause of Virginia’s long arm statute. Sincavage, Judge Virginia Lynn Mercer appeals from a judgment of the Circuit Court of Loudoun County granting a motion to dismiss for lack of personal jurisdiction. LORI-BELLE MacKINNON FROM THE CIRCUIT COURT OF LOUDOUN COUNTY Stephen E. PRESENT: All the Justices VIRGINIA LYNN MERCER, ADMINISTRATOR OF THE ESTATE OF CLIFTON WOOD v. The Supreme Court affirmed, holding that the circuit court did not err in ruling that Defendant did not engage in a persistent course of conduct in the forum jurisdiction and was not therefore subject to the circuit court’s in personam jurisdiction. The circuit court indicated that section 8.01-328.1(A)(4) constituted the only viable ground for personal jurisdiction over Defendant and that the facts did not support a finding that Defendant engaged in a “persistent course of conduct” in Virginia. Defendant filed a motion to dismiss for lack of personal jurisdiction by special appearance. Plaintiff filed a complaint in the Circuit Court of Loudoun County against Defendant, alleging that Defendant had illegal used asserts from accounts belonging to others to fund certain litigation. The Supreme Court affirmed the judgment of the circuit court granting Defendant’s motion to dismiss for lack of personal jurisdiction, holding that the facts did not establish personal jurisdiction under the basis presented to the court, the “persistent course of conduct” clause of Virginia’s long arm statute, Va.