INTERNATIONAL COMPUTER SOLUTIONS, INC., APPELLANT,
v.
ST. JAMES CLUB ANTIGUA, ROBIN CHAPMAN, D/B/A ST. JAMES CLUB ANTIGUA, APPELLEES
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International Computer Solutions appealed the dismissal of its action against St. James Club Antigua for non-payment on a computer sale. The court affirmed dismissal based on lack of personal jurisdiction through substituted service but reversed the dismissal with prejudice, finding that jurisdiction might be established under Florida's long-arm statute if proper service is obtained.
The court affirmed the dismissal based on lack of personal jurisdiction through substituted service under Section 48.181(1), Fla.Stat., but reversed the dismissal with prejudice because personal jurisdiction may be obtainable under Section 48.193(1)(g) if the plaintiff properly obtains service of process under Section 48.194.
[1] A foreign corporation is not subject to substituted service of process through the Secretary of State under Section 48.181(1), Florida Statutes, if it is not operating, c…
[2] A breach of contract claim may establish personal jurisdiction over a defendant under Section 48.193(1)(g), Florida Statutes, if the defendant fails to perform acts requi…
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Join FLexlaw to unlock all legal intelligence“the defendant was not operating, conducting, engaging in or carrying on a business in Florida so as to subject it, as here, to substituted service of process through the Secretary of State under Section 48.181(1), Fla.Stat. (1987)”
Establishes why substituted service was improper and the dismissal was affirmed on that ground
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Join FLexlaw to unlock all legal intelligenceInternational Computer Solutions, a Florida corporation, allegedly sold a computer to St. James Club Antigua, a foreign corporation registered in Anti…
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PER CURIAM.
This is an appeal by the plaintiff International Computer Solutions, Inc., a Florida corporation, from a final order dismissing its action with prejudice against the defendant St. James Club Antigua, a foreign corporation registered in Antigua. The plaintiff allegedly sold a computer to the defendant and the defendant refused to pay for same; the instant action was brought for monies due and owing based on this sale. We affirm the order dismissing the complaint because we agree with the trial court that the defendant was not operating, conducting, engaging in or carrying on a business in Florida so as to subject it, as here, to substituted service of process through the Secretary of State under Section 48.181(1), Fla.Stat. (1987).
We reverse, however, that portion of the order of dismissal which dismissed the action with prejudice as it appears plain on this record that personal jurisdiction over the defendant may be obtained by the plaintiff under Section 48.193(1)(g), Florida Statutes (1987), if service of process is thereafter properly obtained under Section 48.194, Florida Statutes (1987).
We reach this result because on this record (1) the defendant allegedly “[b]reach[ed] a contract in this state by failing to perform acts required by the contract to be performed in this state,” § 48.193(1)(g), Fla.Stat. (1987), namely, failing to pay the plaintiff for the subject computer as required in Miami, Florida, and (2) the defendant had otherwise sufficient minimum due process contacts with Florida. Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla.1989); Pellerito Foods, Inc. v. American Conveyors Corp., 542 So. 2d 426 (Fla. 3d DCA 1989).
Affirmed in part; reversed in part.
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Citator
Cited By
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Stewart v. Julana Dev. Corp., 678 So. 2d 1385 (Fla. 3d DCA 1996)…ailure to perform the acts required by the contract to be performed in this state which confers jurisdiction under the statute and authorizes extra-territorial service of process. See International Computer Solutions, Inc. v. St. James Club Antigua, 561 So. 2d 1202 (Fla. 3d DCA 1990)(hold-ing that failure to pay monies due and owing in Miami, Florida as required by contract satisfies section 48.193(l)(g)); Pellerito Foods, Inc. v. American Conveyors Corp., 542 So. 2d 426 (Fla. 3d DCA 1989)(same).4 The jurisdi…
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Viking Acoustical Corp. v. Monco Sales Corp., 767 So. 2d 632 (Fla. 5th DCA 2000)…subject it to jurisdiction in this state where it contracted with a Florida corporation, performed its services in Florida and con [*637] tracted to pay for its services in Florida); International Computer Solutions, Inc. v. St. James Club Antigua, 561 So. 2d 1202 (Fla. 3d DCA 1990) (personal jurisdiction over foreign corporation could be obtained because it failed to pay Florida corporation for computer in Florida, as it had contractually agreed, and because it had otherwise sufficient minimum due process co…
Authorities Cited
- Venetian Salami Co. v. J.S. Parthenais, 554 So. 2d 499 (Fla. 1989)
- Pellerito Foods, Inc. v. Am. Conveyors Corp., 542 So. 2d 426 (Fla. 3d DCA 1989)