(dissenting)—This paternity action brought by the mother and guardian ad litem of a child born out of wedlock comes before us at a very preliminary stage of the proceedings. Based on the record before the trial court, that court denied the putative father's motion challenging the court's personal jurisdiction over him. We granted discretionary review of that decision. I would affirm the trial court's ruling and permit the case to proceed in the usual course.
*255It is the law of this jurisdiction that
" [wjhere a judgment or order is correct it will not be reversed merely because the trial court gave wrong or insufficient reason". Pannell v. Thompson, 91 Wn.2d 591, 603, 589 P.2d 1235 (1979). When the facts and law indicate an appropriate reason for the trial court's decision we must affirm the trial court on the basis of the applicable law, "even though the attorneys representing the parties are unable or unwilling to argue it." Maynard Inv. Co. v. McCann, 77 Wn.2d 616, 623, 465 P.2d 657 (1970).
Keogan v. Holy Family Hosp., 95 Wn.2d 306, 317, 622 P.2d 1246 (1980).
In the case before us, I would hold that when personal service of process was obtained on the putative father in this state, the courts of the State of Washington acquired jurisdiction over his person.
Although for many years it was considered black letter law that any presence in this state, however casual or transitory, was generally sufficient to support personal jurisdiction over a person served with lawful process within the borders of the state, see Pennoyer v. Neff, 95 U.S. 714, 24 L. Ed. 565 (1878); 2 L. Orland, Wash. Prac. § 8, at 6 (1972), the matter appears to no longer be that simple.
In 1977, the United States Supreme Court in Shaffer v. Heitner, 433 U.S. 186, 53 L. Ed. 2d 683, 97 S. Ct. 2569 (1977) overruled its 100-year-old landmark decision in Pennoyer. Shaffer held that all assertions of state court jurisdiction must be evaluated according to the constitutional standards set forth in International Shoe Co. v. Washington, 326 U.S. 310, 90 L. Ed. 95, 66 S. Ct. 154, 161 A.L.R. 1057 (1945), notably that for jurisdiction to exist over a nonresident defendant, the defendant must have certain minimum contacts with the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice. Shaffer, at 212. See Olsen, Shaffer v. Heitner: A Survey of its Effects on Washington Jurisdiction, 13 Gonz. L. Rev. 72, 83-84 (1977); 2 L. Orland, Wash. Prac. § 8 (1972 & 1983 pocket *256part).
The record in this case reflects that the putative father was not just passing through the State of Washington at the time he was personally served with summons and complaint herein. He is a major league baseball player who, although domiciled elsewhere, earns his living playing baseball in various states including the State of Washington. At the time he was served with process he was staying in a Seattle hotel while his team was playing the Seattle major league baseball team. He had been coming to this state for that purpose on a couple of occasions each summer for several years. Thus, when served, he was in this state earning his livelihood. On his various trips to Seattle, he would sometimes also visit the mother and child who live in Seattle and would bring gifts for the child.
In my view, the defendant thus had sufficient minimum contacts with the State of Washington, as well as with the mother and the child herein, that requiring him to appear and defend this paternity action in the courts of this state would not offend traditional notions of fair play and substantial justice.
I would affirm and remand for trial.
Reconsideration denied September 6, 1984.