Doing Business In A State

99 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Zirin v. Charles Pfizer & Co., Inc.
  128 So. 2d 594· Fla.· 1961-03-29 ·cited 117×
  The Florida Supreme Court addressed the scope of its jurisdiction to review District Court of Appeal decisions certified as involving questions of great public interest, and clarified that service of process on foreign corporations under Section 47.171 requires the cause of actio
• State ex rel. Weber et ux. v. Register
  67 So. 2d 619· Fla.· 1953-10-13 ·cited 82×
  The Florida Supreme Court upheld the constitutionality of Florida's long-arm statute (Section 47.16) permitting service on nonresidents who engage in business or business ventures within the state. The court rejected due process and equal protection challenges brought by nonresid
• AB CTC v. Morejon
  324 So. 2d 625· Fla.· 1975-07-24 ·cited 71×
  A Swedish corporation challenged the Florida trial court's denial of its motion to dismiss for lack of personal jurisdiction in a products liability case. The Florida Supreme Court resolved a jurisdictional conflict by holding that neither long-arm statute (§48.181 based on contr
• Mr. and Mrs. A. T. Stanga v. McCORMICK Shipping Corp.
  268 F.2d 544· 5th Cir.· 1959-06-25 ·cited 55×
  Service of process on a local travel agency that booked passage for a foreign steamship company is insufficient if the agency is not an agent or employee acting within the scope of authority for business activities within the state. However, a final dismissal is improper if other
• Walker v. Van H. Savell and the Associated Press
  335 F.2d 536· 5th Cir.· 1964-08-11 ·cited 54×
  The court held that a federal court may properly consider a motion to quash service of process before ruling on a motion to remand a case to state court, and that the Associated Press's activities in Mississippi did not constitute 'doing business' under state law.
• Calagaz v. Calhoon
  309 F.2d 248· 5th Cir.· 1962-10-10 ·cited 46×
  The court held that diversity jurisdiction is determined by the citizenship of named representatives in a class action against an unincorporated association, and that certain defendants had sufficient minimum contacts with Alabama to establish personal jurisdiction.
• Odell v. Burton R. Signer and David Marks
  169 So. 2d 851· Fla. 3d DCA· 1964-12-15 ·cited 41×
  Samuel and David Odell sought to enforce a promissory note against Ohio residents Burton Signer and David Marks, who had signed the note in settlement of prior litigation. The trial court dismissed for lack of jurisdiction over the individual defendants, but the appellate court r
• Diapulse Corp. OF Am. v. The Birtcher Corp.
  362 F.2d 736· 2d Cir.· 1966-06-20 ·cited 36×
  The court held that Birtcher Corporation was subject to jurisdiction in New York, Diapulse's failure to register did not bar its libel suit, and the evidence and damages awarded were sufficient.
• Viking Superior Corp. v. W. T. Grant Co.
  212 So. 2d 331· Fla. 1st DCA· 1968-07-16 ·cited 34×
  Viking Superior Corporation appealed the trial court's denial of its motion to quash substituted service of process. The court held that affidavit evidence is a proper method to support a motion to quash service of process, and the trial court erred in rejecting Viking's affidavi
• Ill. Cent. R.R. Co. v. Simari
  191 So. 2d 427· Fla.· 1966-09-21 ·cited 34×
  The Florida Supreme Court reversed the District Court of Appeal's decision allowing service of process on Illinois Central Railroad Company through its district passenger agent in Miami. The Court held that under Florida's long-arm statute, service of process is only valid when t
• Mathews Conveyer Co. v. Palmer-Bee Co.
  135 F.2d 73· 6th Cir.· 1943-04-09 ·cited 34×
  The court held that the agreement between the parties was a contract of sale, not agency, and therefore the plaintiff was not entitled to an accounting. Furthermore, even if it were an agency, it would be void under Michigan's restraint of trade statutes.
• Mason v. Mason Prods. Co.
  67 So. 2d 762· Fla.· 1953-11-03 ·cited 32×
  The Florida Supreme Court held that service of process on a part-time salesman who took orders in his spare time for a foreign corporation was invalid because the salesman lacked the relationship or authority necessary to bind the corporation. The court found no evidence that the
• Milberg Factors, Inc. v. Greenbaum
  585 So. 2d 1089· Fla. 3d DCA· 1991-09-10 ·cited 29×
  A foreign corporation's isolated business contacts with Florida, such as filing financing statements and occasional agreements, are insufficient to establish personal jurisdiction under the long-arm statute.
• April Indus., Inc. v. Levy
  411 So. 2d 303· Fla. 3d DCA· 1982-03-23 ·cited 28×
  The Florida District Court of Appeal reversed a summary judgment, holding that a Delaware corporation's mere ownership of property held in escrow in Florida, and the actions of a Florida escrow agent, did not constitute "doing business" in Florida or a "tortious act" within the s
• Edwards v. ST. Louis-San Francisco R.R. Co.
  361 F.2d 946· 7th Cir.· 1966-05-13 ·cited 28×
  The court held that the district court correctly dismissed the action against the railroad for lack of jurisdiction and service, and correctly refused to review the National Railroad Adjustment Board's award.
• Fawcett Publ'ns, Inc. v. Brown
  146 So. 2d 899· Fla. 2d DCA· 1962-11-02 ·cited 26×
  The court considered whether a foreign corporation, Fawcett Publications, Inc., was subject to service of process in Florida for an alleged libel published in its magazine.
• H. Bell & Assocs., Inc. v. Keasbey & Mattison Co.
  140 So. 2d 125· Fla. 3d DCA· 1962-04-24 ·cited 25×
  The court held that service of process on a managing official of a foreign corporation in Florida, under Fla. Stat. § 47.17(1), is valid even if the cause of action did not arise from a transaction in Florida, provided the corporation had sufficient minimum contacts.
• G & M Rests. Corp. v. Tropical Music Serv., Inc.
  161 So. 2d 556· Fla. 2d DCA· 1964-02-12 ·cited 23×
  G & M Restaurants Corporation, a Georgia corporation, appealed an order denying its motion to quash service of summons. The Florida appellate court reversed, holding that the plaintiff failed to establish that the defendant was 'doing business' in Florida or that valid agency or
• Bendix Home Appliances, Inc. v. Radio Accessories Co.
  129 F.2d 177· 8th Cir.· 1942-06-15 ·cited 21×
  The court held that the original contract, terminable at will, was unenforceable, but the amended contract for a fixed term was valid and binding. The judgment for breach of the original contract was reversed, while the judgment for breach of the supplementary contract was affirm
• Nettie Lou Dooly v. Payne
  326 F.2d 941· 5th Cir.· 1964-01-21 ·cited 20×
  The court held that the Broaster Company did not have sufficient minimum contacts with Alabama to be subject to its jurisdiction under the state's substituted service statute.
• Rosenthal v. Frankfort Distillers Corp.
  193 F.2d 137· 5th Cir.· 1951-12-14 ·cited 20×
  The court held that the state court did not acquire personal jurisdiction over the defendant foreign corporation, and subsequent attempts to establish quasi in rem jurisdiction through distringas and garnishment were also invalid.
• Emp'rs' Liab. Assur. Corp. v. Lejeune
  189 F.2d 521· 5th Cir.· 1951-05-25 ·cited 20×
  The court held that the Excess insurer was not subject to jurisdiction in Louisiana because service of process was insufficient, and affirmed the judgment against the Employers insurer.
• ARO Mfg. Co., Inc. v. Auto. Body Research Corp.
  352 F.2d 400· 1st Cir.· 1965-11-09 ·cited 19×
  The court held that service of process was insufficient to establish jurisdiction over the defendant corporation in Massachusetts.
• Ladell Barrett v. Browning Arms Co.
  433 F.2d 141· 5th Cir.· 1970-08-06 ·cited 18×
• Elec. Equip. Co., Inc. v. Daniel Hamm Drayage Co.
  217 F.2d 656· 8th Cir.· 1954-12-22 ·cited 18×
  A foreign corporation that conducts substantial business activities within a state, even if those activities have ceased before service of process, is subject to jurisdiction in that state for causes of action arising from that business.
• Deere & Co. v. Watts
  148 So. 2d 529· Fla. 3d DCA· 1963-01-08 ·cited 16×
  Deere & Company challenges a Florida court's exercise of jurisdiction over it based on service of process through the Secretary of State. The court upholds jurisdiction, finding that Deere's wholly-owned subsidiary acted as a distributor of Deere products in Florida, creating suf
• Amphicar Corp. OF Am. v. Gregstad Distrib. Corp.
  138 So. 2d 383· Fla. 3d DCA· 1962-03-01 ·cited 15×
  Amphicar Corporation, a New York automotive manufacturer, appealed an order denying its motion to dismiss for lack of personal jurisdiction. The court affirmed, holding that a foreign corporation's sending of its principal officers into Florida to promote its business and exhibit
• Darling Stores Corp. v. Young Realty Co.
  121 F.2d 112· 8th Cir.· 1941-06-24 ·cited 15×
  The court held that service of process was valid because the defendant corporation was doing business in Iowa and was the alter ego of another corporation, thus subject to Iowa's registration and service statutes.
• St. & Smith Publ'ns, Inc. v. Spikes
  120 F.2d 895· 5th Cir.· 1941-06-12 ·cited 15×
  A foreign corporation not licensed to do business in Texas is not subject to the jurisdiction of Texas courts unless it is carrying on business there in such a way as to be effectively present.
• SAR Mfg. Co., Inc. v. Dumas Bros. MFG. Co., Inc.
  526 F.2d 1283· 5th Cir.· 1976-02-12 ·cited 14×
  A foreign corporation's failure to comply with Alabama's business qualification statutes precludes it from enforcing contracts made and performed within the state, even if the transactions have interstate aspects.
• Davis v. Asano Bussan Co.
  212 F.2d 558· 5th Cir.· 1954-04-30 ·cited 14×
  The court held that Asano Bussan Company transacted sufficient business in Texas to be subject to its jurisdiction, establishing a prima facie case for proper service and jurisdiction. However, the record was insufficient to determine jurisdiction over Fuji Foreign Trading Compan
• Assocs. Cap. Servs. Corp. v. Loftin's Transfer & Storage Co., Inc.
  554 F.2d 188· 5th Cir.· 1977-06-16 ·cited 12×
  A foreign corporation's isolated contacts with Alabama, primarily through mail and phone, and taking security interests in property located there, do not constitute 'doing business' such that it must qualify to do business in Alabama to maintain a suit.
• Boyd v. Boulevard Nat'l Bank
  306 So. 2d 551· Fla. 3d DCA· 1975-01-14 ·cited 12×
  Non-resident trustees of a Massachusetts Business Trust challenged substituted service in Florida based on alleged business activities. The court held that service was improper because the action did not arise out of the trustees' business activities in Florida, as required by st
• Uible v. Landstreet
  392 F.2d 467· 5th Cir.· 1968-04-05 ·cited 12×
  The court held that the defendants' actions, including purchasing stock in a Florida corporation and attending a stockholders' meeting, did not constitute engaging in a business venture in Florida sufficient to establish jurisdiction under the state's long-arm statute.
• Smartt v. Coca-Cola Bottling Corp.
  337 F.2d 950· 6th Cir.· 1964-10-28 ·cited 12×
  The court held that intervening plaintiffs were proper parties to appeal the dismissal, and the district court correctly quashed service and dismissed the action for lack of jurisdiction.
• Kourkene v. Am. BBR, Inc.
  313 F.2d 769· 9th Cir.· 1963-01-15 ·cited 12×
  The court held that service of process on Ryerson was invalid because Ryerson was a licensee, not an agent, and that the appellee was not 'doing business' in California, thus quashing service through the Secretary of State was proper.
• Acme Eng'rs, Inc. v. Foster Eng'g Co.
  254 F.2d 259· 5th Cir.· 1958-04-07 ·cited 12×
  Service of process on Gulf States, a Texas representative, was valid to establish jurisdiction over Foster, a foreign corporation, because Gulf States acted as a local agent whose activities were sufficiently connected to the sales at issue.
• Knott Corp. v. Furman
  163 F.2d 199· 4th Cir.· 1947-06-16 ·cited 12×
  The judgment below should be reversed and the action dismissed for improper venue.
• Transit Bus Sales v. Kalamazoo Coaches, Inc.
  145 F.2d 804· 6th Cir.· 1944-12-06 ·cited 12×
  The court held that the measure of damages for breach of contract, under Michigan's conflict of laws rules, is the profit the distributor would have made, not the commissions, and the distributor failed to prove such damages.
• George A. Hormel & Co. v. Ackman
  117 Fla. 419· Fla.· 1934-09-17 ·cited 12×
  This case concerns the validity of service of process on a foreign corporation through a local "business agent." The court affirmed the lower court's decision, finding that the agent's activities constituted sufficient business presence for valid service under Florida law.
• Sonnenblick-Goldman OF Miami Corp. v. Feldman
  266 So. 2d 48· Fla. 3d DCA· 1972-07-25 ·cited 11×
  Two Sonnenblick-Goldman corporations appealed a jury verdict awarding $138,000 to an employee for unpaid mortgage brokerage commissions. The appellate court affirmed, rejecting arguments that the New York corporation lacked sufficient contacts with Florida, that defenses were imp
• Hubsch Mfg. Co. v. Freeway Washer & Stamping Co.
  205 So. 2d 337· Fla. 1st DCA· 1967-11-09 ·cited 10×
  Hubsch Manufacturing appealed a dismissal for lack of jurisdiction over Freeway Washer & Stamping Company. The court reversed, holding that Freeway's extensive business activities in Florida, including sales of hardware to Hubsch's Florida plant, established sufficient contacts t
• Roberts v. Evans Case Co.
  218 F.2d 893· 7th Cir.· 1955-02-02 ·cited 10×
  A foreign corporation is not amenable to service of process in Illinois if its activities are limited to soliciting purchase orders that are accepted or rejected in another state.
• Robbins v. Benjamin Air Rifle Co.
  209 F.2d 173· 5th Cir.· 1954-01-06 ·cited 10×
  A foreign corporation is not subject to service of process in Texas merely by soliciting orders through a manufacturer's representative, followed by shipment of goods into the state, without more substantial local activities.
• Pac. Emp'rs Ins. Co. v. Parry Navigation Co., Inc.
  195 F.2d 372· 5th Cir.· 1952-04-01 ·cited 10×
  The court held that the corporation's activities in Texas were insufficient to constitute 'doing business' under Article 2031a, and thus service of process on the Secretary of State was invalid.
• De Santa v. Nehi Corp.
  171 F.2d 696· 2d Cir.· 1948-12-03 ·cited 10×
  The court held that the service of process was void because the defendant foreign corporation was not doing business in New York and the person served was not its managing agent.
• Fla. Towing Corp. v. Oliver J. Olson & Co.
  426 F.2d 896· 5th Cir.· 1970-05-21 ·cited 9×
  The court held that the defendant was not amenable to service under Florida's long arm statute because the cause of action did not arise out of the defendant's activities within Florida, even if the defendant had conducted some business there.
• Elvin I. Unterman v. Brown
  169 So. 2d 522· Fla. 2d DCA· 1964-12-09 ·cited 9×
  A nonresident director and officer of a Florida corporation is not subject to service of process in Florida for a cause of action against the corporation unless the director's activities in Florida are connected to the cause of action.
• Am. Baseball CAP, Inc. v. Duzinski
  359 So. 2d 483· Fla. 1st DCA· 1978-05-09 ·cited 8×
  American Baseball Cap, Inc. appeals the denial of its motion to dismiss for lack of personal jurisdiction. The court holds that plaintiffs failed to establish sufficient contacts between the Pennsylvania defendant and Florida under the substituted service statute, even though def
• John Hancock Mut. Life Ins. Co. v. Schroder
  349 F.2d 406· 5th Cir.· 1965-08-03 ·cited 8×
  The court held that Texas law could constitutionally apply its penalty statute to the insurance policy at issue, and affirmed the lower court's judgment for the plaintiffs.