Motion To Dismiss For Lack Of Jurisdiction

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

• Cumberland Software, Inc. v. Great Am. Mortg. Corp.
  507 So. 2d 794· Fla. 4th DCA· 1987-05-27 ·cited 92×
  Cumberland Software appeals the denial of its motion to dismiss based on lack of jurisdiction in a contract dispute with Great American Mortgage Corp. The court reversed, holding that CSI did not waive its jurisdictional challenge by filing an answer with affirmative defenses and
• Peters v. E. O. Painter Fertilizer Co.
  73 Fla. 1001· Fla.· 1917-05-07 ·cited 59×
  The place of acceptance, not proposal, determines where a contract is consummated and where the cause of action accrues. Where an offer to sell is made in one county and accepted by letter ordering the goods in another county, the contract is consummated and the cause of action a
• Hyco Mfg. Co. v. Rotex Int'l Corp.
  355 So. 2d 471· Fla. 3d DCA· 1978-02-21 ·cited 58×
  Two out-of-state corporate defendants appealed orders denying their motions to quash service of process and dismiss for lack of jurisdiction. The Florida appellate court held that the plaintiffs failed to properly plead and prove facts justifying jurisdiction under Florida's long
• Fawcett Publ'ns, Inc. v. Rand
  144 So. 2d 512· Fla. 3d DCA· 1962-09-04 ·cited 57×
  Fawcett Publications, a Delaware corporation, challenged Florida's jurisdictional basis for serving it through the Secretary of State in a libel action. The court held that mere distribution of magazines through independent wholesalers and distributors in Florida did not constitu
• Garafola v. Benson
  505 F.2d 1212· 7th Cir.· 1974-11-18 ·cited 56×
  The court held that the Parole Board's practice of ordinarily denying meaningful parole consideration before the one-third sentence mark for prisoners sentenced under 18 U.S.C. § 4208(a)(2) breaches its statutory duty.
• Smith v. Jackson Tool & DIE, Inc.
  426 F.2d 5· 5th Cir.· 1970-05-13 ·cited 49×
  The court held that vacating a judgment to allow a party to file a timely appeal, under Rule 60(b), was not reversible error when done to promote substantial justice and avoid prejudice, despite the motion being filed after the initial appeal period.
• Bussey v. The Legis. Auditing Comm. OF the Legis. of the State of Fla.
  298 So. 2d 219· Fla. 1st DCA· 1974-08-06 ·cited 46×
  The Florida appellate court reversed a trial court's denial of a motion to dismiss for lack of jurisdiction, holding that service of process by mail to the defendant's attorney was insufficient to confer personal jurisdiction over the defendant in a contempt proceeding brought by
• In re Benny v. England
  791 F.2d 712· 9th Cir.· 1986-06-09 ·cited 34×
  The court held that it lacked jurisdiction to hear appeals challenging the constitutionality of sections of the Bankruptcy Amendments and Federal Judgeship Act of 1984, and affirmed the denial of intervention to bankruptcy judges.
• Hamill v. Bower
  487 So. 2d 345· Fla. 1st DCA· 1986-04-03 ·cited 32×
  In this child custody jurisdiction case, the Florida District Court of Appeal reconsidered its initial holding and granted a petition for rehearing. The court held that under the Uniform Child Custody Jurisdiction Act (UCCJA), the California court—which issued the original custod
• Weatherhead Co. v. Coletti
  392 So. 2d 1342· Fla. 3d DCA· 1980-11-25 ·cited 26×
  Weatherhead Company appealed the denial of its motion to dismiss for lack of personal jurisdiction, arguing that its filing of a notice of appearance did not waive its right to challenge jurisdiction. The Third District Court of Appeal held that a mere notice of appearance—a neut
• H. L. Moore Drug Exch., Inc. v. Smith
  384 F.2d 97· 2d Cir.· 1967-10-05 ·cited 26×
  The court held that the trial court did not abuse its discretion in denying discovery when no genuine issue of fact was raised by the motion to dismiss for lack of jurisdiction.
• Lucinda M. Holton v. Prosperity Bank OF ST. Augustine
  602 So. 2d 659· Fla. 5th DCA· 1992-07-10 ·cited 24×
  Prosperity Bank sued Lucinda Holton, a Georgia resident and guarantor on a promissory note, in Florida state court. The court must determine whether Florida courts have personal jurisdiction over a nonresident guarantor based on a guaranty agreement executed in Florida with a for
• Thomson McKINNON Sec., Inc. v. Kerrean L. Salter
  873 F.2d 1397· 11th Cir.· 1989-05-03 ·cited 24×
  The court held that the district court's order directing arbitration was a final decision and therefore appealable, denying the motion to dismiss.
• Neff v. Adler
  416 So. 2d 1240· Fla. 4th DCA· 1982-07-21 ·cited 24×
  Neff, a non-resident trustee who was a judgment debtor, challenges the trial court's order impleading him individually in a post-judgment supplementary proceeding. The Fourth District Court of Appeal holds that while section 56.29 permits impleading third parties in supplementary
• Spector v. L Q Motor Inns, Inc.
  517 F.2d 278· 5th Cir.· 1975-08-08 ·cited 21×
  The court held that the district court erred in dismissing the fraud action for lack of jurisdiction without a plenary hearing on the merits, as the jurisdictional and substantive issues were factually intertwined.
• Traguth v. D'Lela Zuck
  710 F.2d 90· 2d Cir.· 1983-06-17 ·cited 19×
  The court held that a default judgment was improperly entered because the defendant's pro se answer was timely filed within an extension period, and the court abused its discretion by not considering her motion to set aside the default, especially given her pro se status.
• Quality Christmas Trees Co., Inc. v. Florico Foliage, Inc.
  689 So. 2d 1222· Fla. 5th DCA· 1997-03-14 ·cited 18×
  The court held that a Florida corporation's allegation of a breach of contract for non-payment in Florida, without more, is insufficient to establish minimum contacts for long-arm jurisdiction over a non-resident defendant.
• Forston v. Atl. Eng'g & Mfg. Corp.
  143 So. 2d 364· Fla. 2d DCA· 1962-07-11 ·cited 18×
  Forston, a Texas manufacturer, was sued by Atlantic Engineering Corporation in Florida for the purchase price of a damaged heat pump. The court held that Forston had sufficient minimum contacts with Florida through a local agent to be subjected to jurisdiction via substituted ser
• Pac. Tel. & Tel. Co. v. Signey Geist
  505 So. 2d 1388· Fla. 5th DCA· 1987-04-30 ·cited 14×
  Pacific Telephone and Telegraph Company appeals the denial of its motion to dismiss for lack of personal jurisdiction in a contract dispute. The court reversed, holding that Florida lacked constitutional jurisdiction over Pacific because the company had no minimum contacts with F
• Antoniazzi v. Wardak
  259 So. 3d 206· Fla. 3d DCA· 2018-10-17 ·cited 13×
  Appellants appealed an order denying their motion to dismiss a breach of contract and fraud action based on a forum selection clause in a banking agreement. The court reversed, holding that the forum selection clause contained in the Banking Agreement was mandatory and unambiguou
• Suroor Bin Mohammed Al Nahyan v. First Inv. Corp.
  700 So. 2d 139· Fla. 5th DCA· 1997-10-10 ·cited 13×
  Sheikh Suroor, a UAE resident and sole shareholder of a Delaware corporation, challenged Florida's long-arm jurisdiction over him in a contract dispute involving real property development. The Fifth District reversed the trial court's denial of his motion to dismiss, holding that
• Williams v. Curtis LAW
  368 So. 2d 1285· Fla.· 1979-03-08 ·cited 13×
  The Florida Supreme Court held that a property appraiser's challenge to a county Board of Tax Adjustment decision under section 194.032(6) constitutes an original civil action rather than an appeal, and therefore is governed by the sixty-day statute of limitations in section 194.
• Shannon v. United States
  521 F.2d 56· 9th Cir.· 1975-07-29 ·cited 13×
  The court held that the district court lacked jurisdiction to enjoin the IRS levy against a transferee because the transferee was assessed the tax and could not challenge the assessment's validity under 26 U.S.C. § 7426, nor did she meet the stringent requirements for an exceptio
• City of Miami Police Chief John F. Timoney v. City of Miami Civilian Investigative Panel
  990 So. 2d 614· Fla. 3d DCA· 2008-09-03 ·cited 12×
  The Florida Third District Court of Appeal affirmed that the City of Miami Civilian Investigative Panel (CIP) has jurisdiction to investigate the Police Chief independently and that the Chief must comply with the CIP's subpoenas, rejecting arguments that the Chief was exempt from
• The Hartcourt Cos., Inc. v. Hogue
  817 So. 2d 1067· Fla. 5th DCA· 2002-06-07 ·cited 12×
  The Hartcourt Companies appealed a default judgment in a breach of contract dispute brought by Charles Hogue, a Florida resident. The appellate court reversed, holding that the trial court lacked personal jurisdiction over the non-resident Utah corporation because the defendant d
• Crews v. Rohlfing
  285 So. 2d 433· Fla. 3d DCA· 1973-11-13 ·cited 12×
  The Third District Court of Appeal reversed the trial court's denial of a motion to dismiss for lack of personal jurisdiction where service of process under Florida's long-arm statute was defective. The court found that the plaintiff failed to demonstrate strict compliance with s
• Walton v. Walton
  181 So. 2d 715· Fla. 2d DCA· 1966-01-14 ·cited 12×
  In this divorce case, the defendant appealed the denial of her motion to dismiss based on defective service of process by publication, arguing that the plaintiff's sworn statement did not meet statutory requirements. The court affirmed, holding that the plaintiff's direct allegat
• Miami-Dade Water & Sewer Auth. v. Cormio
  388 So. 2d 1238· Fla. 1st DCA· 1979-12-12 ·cited 11×
  The First District Court of Appeal upheld the constitutionality of Florida's Section 46(1), Chapter 79-40, which directed all workers' compensation appeals to the First District regardless of where the underlying injury occurred or where parties resided. The court rejected challe
• Doren M. Ganiko v. Willa C. Ganiko
  826 So. 2d 391· Fla. 1st DCA· 2002-07-23 ·cited 10×
  A Florida appellate court reversed the denial of a motion to dismiss for lack of personal jurisdiction over a non-resident Texas defendant who allegedly borrowed money from a Florida resident and agreed to repay it in Florida. The court held that the circuit court erred by failin
• Int'l Chem. Workers Union v. Mobay Chem. Corp.
  755 F.2d 1107· 4th Cir.· 1985-02-27 ·cited 10×
  The arbitrator's award failed to draw its essence from the collective bargaining agreement because it was based on issues extraneous to those submitted by the parties.
• Whittington v. State
  543 So. 2d 317· Fla. 1st DCA· 1989-05-04 ·cited 8×
  Richard Whittington, a 15-year-old at the time of his offenses, was convicted and sentenced as an adult for two counts of burglary and one count of escape without compliance with Florida's mandatory juvenile justice procedures. The court reversed because the trial court lacked ju
• Tandy Brands, Inc. v. Master Mktg. Ass'n, Inc.
  481 So. 2d 925· Fla. 4th DCA· 1985-11-20 ·cited 8×
  Tandy Brands appealed two orders: one denying its motion to dismiss for lack of jurisdiction and another enjoining Sun Bank from honoring an irrevocable letter of credit. The court affirmed the denial of the motion to dismiss but reversed the injunction, holding that breach of co
• 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
• Ward v. Honorable Clyde B. Wells
  298 So. 2d 493· Fla. 1st DCA· 1974-08-19 ·cited 8×
  A circuit court is without jurisdiction to modify a final judgment concerning child custody and visitation entered by a circuit court in a different county.
• Victor Tueta & the Marine Bank & Tr. Co. of Tampa v. Rodriguez
  176 So. 2d 550· Fla. 2d DCA· 1965-06-11 ·cited 8×
  In this interlocutory appeal, the Florida District Court of Appeal addressed whether a trial court could enjoin payment under an irrevocable letter of credit based on quasi in rem jurisdiction over the funds. The court held that an irrevocable letter of credit creates a negotiabl
• Lester v. ARB
  658 So. 2d 583· Fla. 3d DCA· 1995-07-05 ·cited 7×
  A complaint need not explicitly reference or track Florida's long-arm statute to allege sufficient jurisdictional facts; allegations that a defendant conducted a business venture in Florida and breached a contract by failing to perform acts required in Florida are sufficient to i
• BankAtlantic v. Coast to Coast Contractors, Inc.
  947 F. Supp. 480· S.D. Fla.· 1996-07-17 ·cited 6×
  The court denied defendants' motions to dismiss for lack of personal jurisdiction, finding that RICO's nationwide service provision, 18 U.S.C. § 1965(d), provided a basis for jurisdiction over defendants with minimum contacts with the United States.
• SDM Corp. v. Kevco Fin. Corp.
  540 So. 2d 931· Fla. 2d DCA· 1989-04-05 ·cited 6×
  SDM Corporation and related appellants appealed a denial of their motion to dismiss for lack of personal jurisdiction. The court reversed, holding that SDM lacked sufficient minimum contacts with Florida to sustain jurisdiction despite Kevco's claims arising from a contract invol
• Lewis v. Cues, Inc.
  338 So. 2d 241· Fla. 4th DCA· 1976-10-08 ·cited 6×
  In this jurisdictional appeal, the Fourth District Court of Appeal affirmed dismissal for lack of personal jurisdiction over defendant Lewis while affirming the trial court's denial of dismissal motions for defendants O'Brien Manufacturing and Conco. The court distinguished betwe
• Woodard Chevrolet, Inc. v. Taylor Corp.
  949 So. 2d 268· Fla. 4th DCA· 2007-02-07 ·cited 5×
  Woodard Chevrolet, a California corporation, challenged Florida jurisdiction in a debt collection action brought by Taylor Corporation/PCI, a Florida marketing company. The court held that despite the contract requiring payment to a Florida address and PCI performing services in
• Premier Hotel Corp. v. M Grp. Resorts, S.A.
  753 So. 2d 647· Fla. 3d DCA· 2000-03-08 ·cited 5×
  The court held that the trial court did not err in denying the motion to dismiss for lack of jurisdiction, as sufficient basis for jurisdiction was shown.
• Stevenson v. Brosdal
  813 So. 2d 1046· Fla. 4th DCA· 2002-04-17 ·cited 4×
  A California resident loaned his car to his son and daughter-in-law in Florida, and when the daughter-in-law was involved in a car accident, the resident challenged Florida's jurisdiction over him. The court held that a nonresident vehicle owner's consent to operation of the vehi
• McMILLAN v. Troutman
  740 So. 2d 1227· Fla. 4th DCA· 1999-08-25 ·cited 4×
  Gerald McMillan appealed an order denying his motion to dismiss for lack of personal jurisdiction and forum non conveniens. The court reversed and remanded, holding that conflicting affidavits regarding the defendant's residency required a limited evidentiary hearing to determine
• W.R. Cooper Gen. Contractor, Inc. v. The United States
  843 F.2d 1362· Fed. Cir.· 1988-04-05 ·cited 4×
  The Claims Court erred in dismissing Cooper's complaint for lack of jurisdiction because the facts alleged could support a Tucker Act claim based on an implied contract.
• Aminoff & Co., Inc. v. Storrington Corp.
  503 So. 2d 1290· Fla. 2d DCA· 1987-02-06 ·cited 4×
  Aminoff & Company and Gary Aminoff appealed the trial court's denial of their motion to quash service of process and motion to dismiss for lack of jurisdiction. The appellate court found the trial court erred by failing to consider a supplemental affidavit it had granted leave to
• Gioia v. Gioia
  435 So. 2d 367· Fla. 4th DCA· 1983-07-27 ·cited 4×
  The appellate court affirmed the trial court's dismissal of a case for lack of jurisdiction. The court held that a non-resident father's obligation for past-due child support to adult children residing in Florida did not establish sufficient contact with Florida to justify person
• Pack v. Wiechert
  285 So. 3d 1031· Fla. 1st DCA· 2019-12-10 ·cited 3×
  A trial court errs as a matter of law when it orders a former spouse to sign a rental listing agreement in violation of the clear and unambiguous terms of a Marital Settlement Agreement incorporated into a Final Judgment of Dissolution. The trial court's reserved jurisdiction was
• Moynihan v. W. Coast Life Ins.
  607 F. Supp. 2d 1336· S.D. Fla.· 2009-04-07 ·cited 3×
  A federal court lacks jurisdiction over an insurance claim dispute when the insurer is still within the policy's contestable period and actively investigating the claim, as the matter is not yet ripe for adjudication.
• Fla. Dep't OF Revenue v. Castro
  786 So. 2d 659· Fla. 3d DCA· 2001-06-13 ·cited 3×
  The Florida Department of Revenue appealed the dismissal of a paternity and child support complaint against Victor Castro for lack of jurisdiction due to untimely service. The court reversed, holding that Castro waived his right to challenge service by filing a motion for blood t
• Dico Co., Inc. v. Meekins, Inc.
  407 So. 2d 1067· Fla. 4th DCA· 1981-12-30 ·cited 3×
  Dico Company and Dyneer Corporation appealed an order denying their motion to dismiss for lack of personal jurisdiction under Florida's long-arm statute in a breach of warranty and design negligence case. The court held that jurisdiction was properly established over Dico through