Doing Business In A State

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

• Mech. Contractors Ass'n OF Am., Inc. v. Mech. Contractors Ass'n OF N. Cal., Inc.
  342 F.2d 393· 9th Cir.· 1965-02-08 ·cited 8×
  The court held that the National Association's activities in California, including sponsoring a rival association and interfering with the Local, constituted 'doing business' sufficient to establish minimum contacts for valid service of process under California law and the Fourte
• Cooke-Waite Labs., Inc. v. Napier
  166 So. 2d 675· Fla. 2d DCA· 1964-08-05 ·cited 8×
  Cooke-Waite Laboratories, a Delaware corporation, appeals the denial of its motion for summary judgment on jurisdictional grounds in a products liability case involving a defective hypodermic needle. The court reverses, holding that the sale of hypodermic needles to a Florida dis
• Rittenberry v. Lewis
  333 F.2d 573· 6th Cir.· 1964-06-19 ·cited 8×
  The court held that the Tennessee substituted service statute provided valid jurisdiction over nonresident trusts doing business in the state, and service upon the trustees was proper.
• Abel v. Albina Engine & Mach. Works
  284 F.2d 510· 10th Cir.· 1960-11-17 ·cited 8×
  The court held that Albina Engine and Machine Works was doing business in Oklahoma, making service of process on the Secretary of State valid.
• Albritton v. Gen. Factors Corp.
  201 F.2d 138· 5th Cir.· 1953-01-14 ·cited 8×
  The court held that the defendant corporation's activities in Mississippi were insufficient to establish jurisdiction under the state's long-arm statute, and thus service of process was improper.
• Gravely Motor Plow & Cultivator Co. v. H. V. Carter Co., Inc.
  193 F.2d 158· 9th Cir.· 1951-11-26 ·cited 8×
  Service of process on a subsidiary corporation's agent is not valid service on the parent corporation, even if the parent owns the subsidiary and exerts control, absent a statute or case law to the contrary.
• Cummer-Graham Co. v. Straight Side Basket Corp.
  136 F.2d 828· 9th Cir.· 1943-06-26 ·cited 8×
  A foreign corporation's failure to comply with a state's laws requiring appointment of an agent for service of process does not waive its right to invoke the federal venue statute.
• Transportes Aeros Mercantiles PAN Americanos (Tampa) & Batch Air, Inc. v. Calderon
  480 So. 2d 125· Fla. 3d DCA· 1985-12-03 ·cited 6×
• Mrs. Janet M. LEE and Charles McDowell Lee v. Great N. Nekoosa Corp.
  465 F.2d 1132· 5th Cir.· 1972-08-29 ·cited 6×
  A lease contract made in Georgia by a foreign corporation that had not qualified to do business in Alabama is valid from its inception, even if the corporation later conducts business in Alabama without qualifying.
• Interstate Realty Co. v. Woods
  168 F.2d 701· 5th Cir.· 1948-06-18 ·cited 6×
  A foreign corporation's failure to qualify to do business in Mississippi does not render its contracts void, but merely unenforceable in Mississippi state courts.
• Dealer's Transp. Co. v. Reese
  138 F.2d 638· 5th Cir.· 1943-11-12 ·cited 6×
  The court held that the Alabama statute authorizing constructive service on the Secretary of State was broad enough to cover a non-resident corporation operating a motor vehicle on Alabama highways, even if the vehicle was owned by the U.S. Army and operated by the corporation's
• Taylor Forge Int'l, Inc. v. Specialty Maint. & Constr., Inc.
  685 So. 2d 1360· Fla. 2d DCA· 1996-07-03 ·cited 5×
  Taylor Forge appealed a trial court's denial of its motion to dismiss for lack of personal jurisdiction. The appellate court reversed, holding that the complaint failed to allege facts sufficient to establish jurisdiction over the out-of-state defendant under Florida's long-arm s
• Holiday Inns, Inc. v. Jamison
  353 So. 2d 1269· Fla. 1st DCA· 1978-01-20 ·cited 5×
  A Florida appellate court reversed the denial of a motion to dismiss in a personal injury case, holding that a South Carolina motel corporation's advertising and solicitation activities in Florida were insufficient to establish personal jurisdiction under Florida's long-arm statu
• Fashion TWO Twenty, Inc. v. Ralph & Reba, Inc.
  254 So. 2d 49· Fla. 3d DCA· 1971-10-19 ·cited 5×
• Baker Elecs., Inc. v. Pentar Sys., Inc.
  219 F. Supp. 2d 1260· M.D. Fla.· 2002-08-20 ·cited 4×
  The court held that Pentar Systems, Inc. had sufficient minimum contacts with Florida to establish personal jurisdiction, denying its motion to dismiss.
• Interstate Indus., Inc. v. Barclay Indus., Inc.
  540 F.2d 868· 7th Cir.· 1976-08-24 ·cited 4×
  The court held that a price quotation letter, lacking specific terms and indicating a preliminary step, does not constitute an offer, thus precluding the formation of a contract and personal jurisdiction based on supplying goods in the state.
• Dans v. Gran Habana Rest. & Lounge, Inc.
  244 So. 2d 157· Fla. 3d DCA· 1971-02-16 ·cited 4×
  In this interlocutory appeal, the Florida District Court of Appeal affirmed an order denying defendants' motion to quash service of process and motion to dissolve a writ of attachment in a breach of contract case involving a restaurant business purchase. The court held that the d
• Odra A. Davis, Jr. v. Casco Prods. Corp.
  381 F.2d 470· 5th Cir.· 1967-07-18 ·cited 4×
  The court held that Casco's limited sales activities in Alabama through a third-party broker did not constitute 'doing business' under Alabama law, thus precluding substituted service of process.
• Smith v. Ford GUM & Mach. Co., Inc.
  212 F.2d 581· 5th Cir.· 1954-05-06 ·cited 4×
  The court held that the trial court did not abuse its discretion in overruling the plaintiff's motion to vacate the dismissal order, and affirmed the judgment as modified.
• Am. Universal Ins. Co. v. Sterling
  203 F.2d 159· 3d Cir.· 1953-03-20 ·cited 4×
  The court held that while the plaintiff's failure to plead compliance with Pennsylvania insurance statutes warranted dismissal, the trial court should have allowed the plaintiff an opportunity to amend its complaint, particularly regarding allegations of excess insurance.
• Wash. Star Syndicate, Inc. v. Wright
  313 So. 2d 444· Fla. 3d DCA· 1975-05-27 ·cited 3×
  The court held that the defendant corporation was engaged in business in Florida, thus subjecting it to the state's jurisdiction for service of process.
• Masters, Inc. v. Corley
  222 So. 2d 465· Fla. 3d DCA· 1969-04-29 ·cited 3×
  Masters, Inc., a foreign corporation that operated a department store in Florida when the plaintiff's injury occurred in 1965, challenged service of process made in 1968 after the corporation had ceased doing business in Florida. The court held that the long-arm statute permits s
• Gabriele Helbig v. Werner Schneider in Bankruptcy for Gerhard Helbig
  686 So. 2d 742· Fla. 2d DCA· 1997-01-10 ·cited 2×
  Gabriele Helbig, a German citizen, challenged the trial court's denial of her motion to quash service of process. The appellate court reversed, finding that service by publication was improper because the receiver failed to establish that personal service could not be effected un
• C. I., Inc. v. Travel Internationale, Ltd.
  236 So. 2d 441· Fla.· 1970-06-10 ·cited 2×
  C.I., Inc. sought review of a District Court decision upholding service of process on the nonresident foreign corporation under Florida's long-arm statute. The Florida Supreme Court affirmed, holding that C.I., Inc.'s subleasing of an aircraft, repairing it, and hiring a pilot wi
• Teeby Realty Corp. v. Gasway Corp.
  181 So. 2d 31· Fla. 3d DCA· 1965-12-14 ·cited 2×
  The court held that the trial court's dismissal for lack of personal jurisdiction was proper because the appellant failed to demonstrate error in the record.
• DiGIOVANNI v. George Gittelson, M.D.
  181 So. 2d 195· Fla. 3d DCA· 1965-12-14 ·cited 2×
  Plaintiff Charles DiGiovanni appeals the dismissal of his products liability suit against Center Laboratories, Inc., a New York corporation, arguing the trial court erred in finding it lacked personal jurisdiction. The Florida appellate court reversed, holding that Center Laborat
• Bonnot v. Freeman Chem. Corp.
  343 F.2d 68· 8th Cir.· 1965-03-31 ·cited 2×
  Service of process on a foreign corporation under Missouri's long-arm statute is invalid if the Secretary of State has no records of the corporation's principal office, as the statute provides for an impossible means of service in such cases.
• Cessna Aircraft Co. v. Josiah Lawrence Focht
  336 F.2d 603· 10th Cir.· 1964-09-09 ·cited 2×
  The court held that the appellant-foreign corporation was doing business in Colorado and that service of process on its resident stockholder was valid under Colorado law.
• Inter-Ocean Commerce Corp. v. Gregorio Heller and Jacobo Mathor
  161 So. 2d 25· Fla. 3d DCA· 1964-02-25 ·cited 2×
  The court held that the plaintiff made a sufficient showing that the garnishees had engaged in a business venture in Florida to justify service under the relevant statute.
• Zirin v. Charles Pfizer & Co., Inc.
  121 So. 2d 694· Fla. 3d DCA· 1960-06-30 ·cited 2×
  A foreign corporation was sued in Florida, but the court dismissed the case for lack of jurisdiction, finding the corporation was not doing business in Florida.
• Iliff v. Am. Fire Apparatus Co., Inc.
  277 F.2d 360· 4th Cir.· 1960-04-13 ·cited 2×
  The court held that the defendant foreign corporation was not 'doing business' in Virginia, and therefore service of process upon its agent was improper.
• Barlow v. Marion Cnty. Hosp. Dist.
  M.D. Fla.· 1980-12-10 ·cited 1×
  The court granted plaintiffs' motion for class action designation, finding that the prerequisites of Rule 23(a) and (b)(2) were met, subject to further evidence regarding future class members affected by regulatory changes.
• Erie Ins. Exch. v. Hoffman
  302 So. 2d 445· Fla. 3d DCA· 1974-11-05 ·cited 1×
• M. & R. Constr. Co. v. Nat'l Homes Corp.
  286 F.2d 638· 5th Cir.· 1961-01-12 ·cited 1×
  A foreign corporation's activities, even if localized, do not preclude it from suing on a contract if those activities are incidental to interstate commerce or gratuitous, and the question is for the jury.
• Hernandez v. Bass Aviation, Inc.
  453 So. 2d 447· Fla. 4th DCA· 1984-07-11
  A non-resident defendant may be subjected to personal jurisdiction in Florida when it leases an aircraft with knowledge it will be flown to Florida and has purposefully availed itself of Florida's market through prior leases with Florida-based entities and advertising in Florida.
• The Heritage Corp. OF S. Fla. v. Apt. Invs., Inc.
  285 So. 2d 629· Fla. 3d DCA· 1973-11-06
  Heritage Corporation appealed an interlocutory order dismissing a lawsuit against a Kansas corporation and individual for lack of jurisdiction. The appellate court reversed, holding that service of process on the corporation's president and co-partner, who resided in Florida, was
• Kelley v. Sun-Glo Packers, Inc.
  472 F.2d 1199· 5th Cir.· 1973-02-02
  The court held that the non-resident defendants' activities within Alabama were sufficient to establish jurisdiction through substituted service of process under state law.
• Strickland v. Seaboard Coast Line R. R.
  35 Fla. Supp. 170· Duval Cty. Cir. Ct.· 1971-05-25
  In this negligence action involving railroad carriers, the Duval County Circuit Court upheld summary judgments for Norfolk & Western Railway and Seaboard Coast Line Railroad Company, finding that carriers who inspect sealed freight cars externally have no duty to break the seal a
• Lipman v. ZUK
  244 So. 2d 496· Fla. 3d DCA· 1970-12-22
  The Third District Court of Appeal reversed an order denying a defendant's motion to quash service of process, holding that service upon a horse trainer as custodian of LEM Stables did not constitute valid service under Florida's nonresident service statute because the defendant
• O'Connell v. Loach
  203 So. 2d 350· Fla. 2d DCA· 1967-10-27
  Florida appellate court upheld a trial court's denial of defendants' motion to dismiss for lack of personal jurisdiction over nonresident real estate investors. The court found that out-of-state defendants who engaged in multiple real estate transactions in Florida were subject t
• Ajax Packaging & Plastics, Inc. v. G. T. Schjeldahl Co.
  26 Fla. Supp. 165· Dade Cty. Cir. Ct.· 1966-05-18
  The court held that the plaintiff met its burden to establish that the defendant was doing business in Florida, thus allowing for substituted service of process.
• Hicks Body Co., Inc. v. Ward Body Works, Inc.
  233 F.2d 481· 8th Cir.· 1956-05-11
  A foreign corporation that fails to qualify to do business in Arkansas cannot enforce contracts made in the state, and this disability extends to claims for restitution for benefits conferred under such contracts.
• Schmikler v. Petersime Incubator Co.
  177 F.2d 983· 1st Cir.· 1949-11-15
  A foreign corporation's systematic and continuous business activities within a state, beyond mere solicitation, can subject it to personal jurisdiction in that state's courts, even if it lacks a physical presence.
• Midwest Sportswear MFG. Co. v. Baraboo Chamber of Commerce
  161 F.2d 918· 7th Cir.· 1947-06-06
  A contract entered into by a foreign corporation before it is licensed to do business in Wisconsin is void under Wis. Stat. § 226.02, even if the corporation had not yet commenced operations in the state.
• In re Bell Lumber Co. Modern Hous. MFG. Co. v. Cartier
  149 F.2d 980· 7th Cir.· 1945-06-08
  A foreign corporation transacting substantial business within Wisconsin, even if incidentally involved in interstate commerce, is subject to Wisconsin's licensing statute for foreign corporations.
• Reliance Fertilizer Co. v. Davis
  124 Fla. 859· Fla.· 1936-07-21
  Reliance Fertilizer Company appealed a jury verdict in favor of defendant J. A. Davis in a suit to recover the purchase price of fertilizer sold through an agent. The Florida Supreme Court affirmed the judgment, holding that the sale constituted intrastate commerce subjecting the