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310 So. 3d 1276·
Fla. 5th DCA·
2021-02-04
·cited 3×
Orval Yarger, an Illinois resident, appealed the denial of his motion to dismiss for lack of personal jurisdiction in a conversion case brought by Convergence Aviation Ltd. in Florida. The Fifth District Court of Appeal reversed, holding that Convergence failed to allege sufficie
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272 So. 3d 786·
Fla. 4th DCA·
2019-05-08
·cited 3×
Marion Kaminsky, trustee of a New York-established trust administered in New Jersey, appealed the trial court's denial of her motion to dismiss for lack of personal jurisdiction. The court reversed, holding that Florida's long-arm statute does not provide jurisdiction because the
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258 So. 3d 478·
Fla. 4th DCA·
2018-11-07
·cited 3×
A forum selection clause alone cannot serve as the sole basis for personal jurisdiction over a non-resident defendant, and when competing affidavits on jurisdictional facts cannot be harmonized, a trial court must hold a limited evidentiary hearing rather than deciding the motion
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239 So. 3d 704·
Fla. 4th DCA·
2018-02-14
·cited 3×
Personal jurisdiction over nonresident defendants is proper when they breach a contractual obligation to perform acts in Florida and maintain systematic and continuous contact with a Florida business providing substantial services, but mandatory forum selection clauses requiring
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170 So. 3d 825·
Fla. 3d DCA·
2015-06-10
·cited 3×
The Barbados defendants appealed an order denying their motion to dismiss for lack of personal jurisdiction in a case brought by Marjorie Knox and her daughter involving claims of RICO violations, conspiracy, defamation, and intentional infliction of emotional distress. The court
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140 So. 3d 1037·
Fla. 3d DCA·
2014-05-28
·cited 3×
Redwood Recovery Services appealed the dismissal of its impleader complaint against Addle Hill, Inc. for lack of personal jurisdiction. The court reversed and remanded because material factual conflicts existed between the parties' jurisdictional submissions that could not be res
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124 So. 3d 402·
Fla. 2d DCA·
2013-10-25
·cited 3×
The Florida Second District Court of Appeal reversed a trial court's dismissal for lack of personal jurisdiction in a bad-faith insurance case. The court held that a Michigan-based insurer that issued nationwide policies could be sued in Florida under the long-arm statute and had
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90 So. 3d 860·
Fla. 5th DCA·
2012-06-01
·cited 3×
Brian France appealed the dismissal of his claim against his former wife for illegally recording telephone calls in violation of Florida's Security of Communications Act. The Fifth District Court of Appeal reversed, holding that France sufficiently alleged a tortious act in Flori
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100 So. 3d 50·
Fla. 2d DCA·
2011-09-28
·cited 3×
The Oldocks sued DL & B Enterprises, a North Carolina produce company, for personal injuries suffered in North Carolina. The Florida appellate court reversed the dismissal for lack of personal jurisdiction, holding that Florida courts have general jurisdiction over DL & B based o
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645 F. Supp. 2d 1130·
S.D. Fla.·
2009-07-06
·cited 3×
The court held that the defendant's passive websites and lack of direct contacts with Florida do not establish sufficient minimum contacts for personal jurisdiction.
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532 F. Supp. 2d 1335·
M.D. Fla.·
2007-10-03
·cited 3×
The court held that the defendant's operational control over its subsidiary established sufficient minimum contacts for personal jurisdiction and that service of process on the subsidiary was valid substitute service on the parent.
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471 F. Supp. 2d 1292·
S.D. Fla.·
2007-01-26
·cited 3×
The court held that it lacked personal jurisdiction over the defendants because their contacts with Florida were not substantial and continuous enough to satisfy the state's long-arm statute for general jurisdiction.
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470 F. Supp. 2d 1379·
S.D. Fla.·
2007-01-17
·cited 3×
The court held that when affidavits conflict on the issue of personal jurisdiction, a limited evidentiary hearing is required to determine the facts.
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941 So. 2d 1214·
Fla. 4th DCA·
2006-11-15
·cited 3×
Frank Baranek and over eighty asbestos-exposure plaintiffs challenged the trial court's dismissal of their suits against fifty-three defendants on forum non conveniens grounds. The Fourth District Court of Appeal reversed the dismissal, holding that the trial court failed to esta
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451 F. Supp. 2d 1311·
S.D. Fla.·
2006-08-04
·cited 3×
The court held that a single, unsolicited sale of an allegedly infringing product into the forum state, orchestrated by the plaintiff, does not establish sufficient minimum contacts for personal jurisdiction.
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919 So. 2d 685·
Fla. 3d DCA·
2006-02-01
·cited 3×
Fletcher Jones West Shara, LLC, an out-of-state car dealer, appealed an order denying its motion to dismiss for lack of personal jurisdiction in a fraud case involving the sale of a defective Porsche to a Florida resident. The appellate court affirmed, holding that the trial cour
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910 So. 2d 871·
Fla. 5th DCA·
2005-08-05
·cited 3×
B.C.S., an Italian hydraulic systems manufacturer, appeals from a lower court's determination that Florida had personal jurisdiction over it in a personal injury action. The appellate court reversed and remanded because the record was insufficiently developed to determine whether
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899 So. 2d 1230·
Fla. 3d DCA·
2005-04-20
·cited 3×
The commission of a tortious act within Florida by a nonresident defendant is sufficient to establish minimum contacts for personal jurisdiction, satisfying both prongs of the long-arm statute analysis.
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899 So. 2d 402·
Fla. 4th DCA·
2005-03-30
·cited 3×
Group One Enterprises appealed a Florida judgment finding personal jurisdiction over a California corporation for failing to remit advertising proceeds. The Fourth District Court of Appeal held that the mere failure to pay money in Florida does not establish sufficient minimum co
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347 F. Supp. 2d 1242·
M.D. Fla.·
2004-12-08
·cited 3×
The court held that the defendants' activities, including operating websites that targeted Florida residents and published defamatory content, were sufficient to establish personal jurisdiction under Florida's long-arm statute and satisfy due process requirements.
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328 F. Supp. 2d 1379·
S.D. Fla.·
2004-08-02
·cited 3×
The court held that selling a small number of website subscriptions to Florida residents, without more, does not establish sufficient minimum contacts or purposeful availment to confer personal jurisdiction over a non-resident defendant for a defamation claim.
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820 So. 2d 430·
Fla. 4th DCA·
2002-07-03
·cited 3×
The court held that the appellant's continuous and systematic business contacts with Florida satisfied the "substantial and not isolated activity" requirement for general personal jurisdiction under Florida's long-arm statute.
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208 F. Supp. 2d 1288·
M.D. Fla.·
2002-06-21
·cited 3×
The court held that the defendant's solicitation of donations in Florida through television and the internet established sufficient minimum contacts for personal jurisdiction under Florida's long-arm statute and due process. The court also denied the defendant's motion to transfe
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140 F. Supp. 2d 1325·
S.D. Fla.·
2001-04-27
·cited 3×
The court held that the defendants' contacts with Florida were insufficient to establish personal jurisdiction under the Florida long-arm statute or the Fourteenth Amendment's due process clause.
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766 So. 2d 1194·
Fla. 5th DCA·
2000-09-15
·cited 3×
Santaro Industries appealed a trial court's denial of its motion to dismiss for lack of personal jurisdiction in a breach of contract dispute with Gencor Industries. The Fifth District Court of Appeal affirmed, holding that Santaro's contacts with Florida—including initiating con
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745 So. 2d 1046·
Fla. 1st DCA·
1999-10-29
·cited 3×
The court held that where affidavits conflict on whether a non-resident defendant purposefully availed itself of the privilege of conducting business in Florida, an evidentiary hearing is required to resolve the jurisdictional issue.
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32 F. Supp. 2d 1308·
M.D. Fla.·
1998-11-12
·cited 3×
The court held that the Pinellas County Ordinance regulating charitable solicitations is constitutional under the Commerce Clause, as it serves legitimate local interests with only incidental burdens on interstate commerce and functions as a valid user fee.
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682 So. 2d 693·
Fla. 5th DCA·
1996-11-08
·cited 3×
The Fifth District Court of Appeal reversed a trial court's order dismissing for lack of personal jurisdiction over Trotwood Corporation, an Ohio manufacturer. The court held that by specially manufacturing equipment with knowledge of its intended destination in Florida, Trotwood
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837 F. Supp. 395·
M.D. Fla.·
1993-11-16
·cited 3×
The court denied the motions to dismiss for lack of personal jurisdiction for both defendants, allowing plaintiff to amend process for Cilcorp and expanding the scope of an evidentiary hearing regarding Cilcorp's jurisdiction.
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990 F.2d 1489·
5th Cir.·
1993-05-25
·cited 3×
The court should have remanded for discovery on jurisdiction and forum non conveniens issues, as denying discovery contradicts established Fifth Circuit law.
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991 F.2d 1195·
4th Cir.·
1993-04-23
·cited 3×
The court held that a district court does not abuse its discretion by denying a motion to transfer a case under 28 U.S.C. § 1406(a) when the plaintiff's attorney could have reasonably foreseen that the chosen forum lacked personal jurisdiction.
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825 F. Supp. 1003·
S.D. Fla.·
1992-12-17
·cited 3×
The court held that a plaintiff must allege and prove the issuance of process from a court to establish a prima facie case for abuse of process under Florida law, and that a single meeting in Florida did not create sufficient minimum contacts for personal jurisdiction.
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911 F.2d 1564·
11th Cir.·
1990-09-20
·cited 3×
The court held that Dean, Inc.'s contacts with Florida were insufficient to establish personal jurisdiction under the Due Process Clause.
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907 F.2d 1012·
10th Cir.·
1990-07-09
·cited 3×
The court held that the district court erred in asserting personal jurisdiction over Valdes-Fauli and the corporate defendants, but that jurisdiction over Rafael Tudela was likely proper based on his use of judgment debtors as instrumentalities. The preliminary injunction was dis
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559 So. 2d 1251·
Fla. 3d DCA·
1990-04-17
·cited 3×
Relco, a Canadian manufacturer, appealed the denial of its motion to dismiss for lack of personal jurisdiction in a personal injury case arising from an eyeletting machine. The court held that Relco lacked sufficient minimum contacts with Florida to satisfy the state's long-arm s
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894 F.2d 454·
D.C. Cir.·
1990-01-30
·cited 3×
The court held that injury from defamation can occur in the plaintiff's domicile, even if publication occurred elsewhere, for purposes of long-arm jurisdiction.
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553 So. 2d 346·
Fla. 4th DCA·
1989-12-06
·cited 3×
Jack Segal challenges a Florida court's assertion of personal jurisdiction over him in an alimony enforcement action brought by his ex-wife Madelyn Russell. The Fourth District Court of Appeal reversed the lower court's denial of Segal's motion to dismiss, holding that Segal lack
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545 So. 2d 508·
Fla. 3d DCA·
1989-07-05
·cited 3×
Gaines Motor Lines appealed an order denying its motion to quash service of process and dismiss for lack of in personam jurisdiction in a negligence suit arising from a tire-and-wheel assembly that broke off from a truck and struck Scott's vehicle. The court affirmed, holding tha
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797 F. Supp. 958·
S.D. Fla.·
1989-05-04
·cited 3×
The court held that jurisdiction over the defendant could be asserted under the co-conspirator theory, as he participated in a conspiracy with a Florida corporation and committed an overt act within the state.
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691 F. Supp. 336·
S.D. Fla.·
1988-08-16
·cited 3×
A defendant's mere placement of a product into the stream of commerce, without more purposeful activity directed toward the forum state, is insufficient to establish minimum contacts for personal jurisdiction.
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699 F. Supp. 265·
M.D. Fla.·
1988-05-17
·cited 3×
The court held that personal jurisdiction over the defendant could be exercised based on minimum contacts with the United States, not just the forum state, under ERISA's nationwide service of process provision.
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813 F.2d 1545·
9th Cir.·
1987-04-07
·cited 3×
The court held that Dean Steel had sufficient minimum contacts with California to establish personal jurisdiction for the declaratory judgment action, but that the United States is immune from suit under FUSFSPA.
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643 F. Supp. 1393·
S.D. Fla.·
1986-10-22
·cited 3×
The court held that the Bank of Jamaica's implied contract and misrepresentations constituted commercial activity, allowing jurisdiction under the FSIA, but its dealings with Eximbank and restrictions on SBA were sovereign acts and dismissed. The court also found that two alleged
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474 So. 2d 425·
Fla. 1st DCA·
1985-08-28
·cited 3×
A civil claim under RICO requires injury caused by the defendant's violation of 18 U.S.C. § 1962, not solely by the predicate offenses themselves.
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472 So. 2d 497·
Fla. 1st DCA·
1985-06-13
·cited 3×
Western Acceptance Corporation, a Delaware subsidiary financing company with no Florida presence, appeals a Department of Revenue assessment of corporate income tax deficiencies and penalties. The court held that Acceptance was subject to Florida taxation because it was actually
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681 F.2d 474·
6th Cir.·
1982-06-25
·cited 3×
The court held that a substituted agreement to pay a debt barred by the statute of limitations is enforceable under Michigan law if in writing and signed, and that personal jurisdiction over the defendant was proper in Michigan by combining his contacts related to both the origin
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518 F. Supp. 602·
S.D. Fla.·
1981-07-10
·cited 3×
The court held that it retained jurisdiction over defendants served under federal securities law, even after dismissal of federal claims, and that Merrill Lynch waived its right to arbitration due to extensive delay and participation in litigation.
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498 F. Supp. 1088·
N.D. Fla.·
1980-08-11
·cited 3×
The court held that the Alabama default judgment was not entitled to full faith and credit because Alabama lacked personal jurisdiction over Whitney, and that Whitney was liable for breach of contract and conversion but not entitled to punitive damages.
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363 So. 2d 409·
Fla. 1st DCA·
1978-10-19
·cited 3×
Joe Ann Yoder appealed a trial court's order quashing service of process on her former husband, Tellas Yoder, Jr., in an action to enforce a Texas divorce decree in Florida. The court affirmed, holding that Florida's long-arm statute does not apply to actions to enforce out-of-st
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251 So. 2d 552·
Fla. 1st DCA·
1971-08-17
·cited 3×
Reader's Digest challenges Florida's exercise of in personam jurisdiction over it as a foreign corporation conducting a sweepstakes and mail-order business. The court affirms that Reader's Digest's massive, continuous solicitation of Florida residents through mail constitutes suf