BANCO COLPATRIA CAYMAN, INC., APPELLANT,
v.
ILLIAL INTERNATIONAL, S.A., ETC., ET AL., APPELLEES
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A Caymanian-registered bank appealed the denial of its motion to dismiss for lack of personal jurisdiction in a case involving breach of contract, conversion, and defamation claims. The Florida appellate court affirmed the trial court's finding that the bank had sufficient contacts with Florida to establish jurisdiction.
The trial court properly denied the bank's motion to dismiss for lack of personal jurisdiction. The bank was operating or conducting a business venture in Florida under Florida Statutes § 48.193(1)(a), had sufficient minimum contacts to satisfy due process requirements, and Florida was the proper forum to provide complete relief for all claims.
[1] A "mail drop" does not constitute a principal place of business for jurisdictional purposes.
[2] A court may exercise personal jurisdiction over a defendant if the defendant was operating, conducting, engaging in, or carrying on a business or business venture in the…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the defendant bank's only Caymanian presence was a 'mail drop' and that the Colombian office urged by the bank to be its principal place of business was not even established until 1998 (five years after the accounts at issue were opened)”
Establishes the minimal nature of the bank's claimed presence outside Florida and the recency of its Colombian operations.
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Join FLexlaw to unlock all legal intelligenceBanco Colpatria Cayman, Inc., a Caymanian-registered bank, was sued by appellees for breach of contract, conversion, and defamation. The bank's only C…
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PER CURIAM.
AppellanVdefendant, a Caymanian-registered bank, appeals the denial of its motion to dismiss for lack of personal jurisdiction.
The trial court conducted a day-long evidentiary hearing on the appellant/defendant’s motion to dismiss at which the appellees/plaintiffs presented evidence that the defendant bank’s only Caymanian presence was a “mail drop” and that the Colombian office urged by the bank to be its principal place of business was not even established until 1998 (five years after the accounts at issue were opened). In addition to claims for breach of contract and conversion, plaintiffs also sued the defendant bank for allegedly defamatory letters written on behalf of the bank against the appellees. The defendant bank has not challenged Florida’s jurisdiction over that count. While the defamation count of the complaint is separate from the breach of contract and conversion counts, we believe that the allegations of the defamation count are closely related to the allegations of the conversion and breach of contract counts and that, therefore, the Florida court is the proper forum to provide complete relief for the parties’ disputes.
We conclude that there was competent, substantial evidence to support the trial court’s finding that, pursuant to section 48.193(l)(a), Florida Statutes, the defendant was operating, conducting, engaging in, or carrying on a business or business venture in this state and that defendant’s contacts were sufficient to satisfy the due process test of minimum contacts. See Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 500-01 (Fla.1989). The trial court properly denied the defendant bank’s motion to dismiss.
Affirmed.