JAMES CORLEY, APPELLANT,
v.
LLOYD MILLIKEN AND "CAPT. JEFFERY," APPELLEES

Fla. | 1980-10-16
No. 58403
ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.
389 So. 2d 976 Florida Supreme Court (1980) Positive Treatment
Cited by 6 cases

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Synopsis

The Florida Supreme Court held that section 48.19 of the Florida Statutes does not authorize service of process on the Secretary of State in an action against a nonresident shipowner where the maritime accident occurred outside Florida waters, even though the vessel used a Florida port. The statute requires that the accident arise from activities occurring while the nonresident was operating, navigating, or maintaining the watercraft in Florida waters.


Holding

No. Section 48.19 does not authorize such service. The statute requires that the cause of action arise from an accident occurring while the nonresident was actually or constructively operating, navigating, or maintaining the watercraft in Florida waters. The mere use of a Florida port is insufficient to establish jurisdiction when the accident occurred outside Florida's territory.


Headnotes

[1] Florida Statute § 48.19 authorizes service of process on the Secretary of State against a nonresident owner of a watercraft only for actions arising out of accidents occu…

[2] The mere use of a Florida port by a vessel does not satisfy the statutory requirement that a cause of action against a nonresident owner arise from an accident occurring…

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Key Quotes

“Only those actions arising from accidents which occurred while the nonresident was actually or constructively in the waters of the state are included within the scope of section 48.19.”

Establishes the territorial requirement for jurisdiction under the statute

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Facts & Procedural History

James Corley, a crewman aboard the ship 'Capt. Jeffery' owned by Lloyd Milliken, was injured in a maritime accident. Although the vessel used Key West…

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Opinion of the Court
SUNDBERG, Chief Justice.

SUNDBERG, Chief Justice.

James Corley brought suit in federal district court seeking recourse under the Jones Act, 46 U.S.C. § 688 (1976), for injuries received while he was a crewman aboard the ship “Capt. Jeffery,” owned by Lloyd Milliken. Although utilizing Key West, Florida, as a port, the “Capt. Jeffery” was outside Florida waters at the time the accident occurred. Upon motion by the defendants, the federal district court determined that the requirements of section 48.19, Florida Statutes (1977) had not been met and therefore dismissed the action for lack of personal jurisdiction. Corley appealed to the Fifth Circuit Court of Appeals which has certified the following question for our consideration:

Does Fla.Stat. § 48.19 (1977) authorize service of process on the Secretary of State of Florida in an action against a nonresident of Florida, who owns a vessel that uses a Florida port, arising out of a maritime accident that occurred outside of that state? *

We answer the question in the negative.

Section 48.19 designates the secretary of state as the agent, for purposes of service of process, of nonresidents owning watercraft operated, navigated, or maintained in Florida. The secretary of state may be served “in any action or proceeding against the nonresident . . . growing out of any accident or collision in which the nonresident . . . may be involved while . . . operating, navigating, or maintaining . . . [a] watercraft in the state.” (Emphasis supplied.) Clearly, the statute restricts both the persons who may be served by this method and the proceedings in which such service is permissible. Only those actions arising from accidents which occurred while the nonresident was actually or constructively in the waters of the state are included within the scope of section 48.19. In addition, in order to meet constitutional standards, the exercise of personal jurisdiction over a nonresident must be limited to causes of action arising out of and directly related to the acts of the nonresident by which he “purposely availfs] . . . [himself] of the privilege of conducting activities within the state.” Aero Mechanical Electronic Craftsman v. Parent, 366 So. 2d 1268, 1270 (Fla. 4th DCA 1979).

See also First National Bank v. Collins, 372 So. 2d 111 (Fla. 2d DCA 1979); Compania Anonima Simantob v. Bank of America International, 373 So. 2d 68 (Fla. 3d DCA 1979); Horace v. American National Bank & Trust Co., 251 So. 2d 33 (Fla. 4th DCA 1971); Hubsch Manufacturing Co. v. Freeway Washer & Stamping Co., 205 So. 2d 337 (Fla. 1st DCA 1967).

Section 48.19 must be strictly construed and its jurisdictional requirements clearly alleged in the complaint. See Young Spring & Wire Corp. v. Smith, 176 So. 2d 903 (Fla. 1965); Leviten v. Gaunt, 360 So. 2d 112 (Fla. 3d DCA 1978).

Corley has not alleged that the accident causing his injuries occurred while Milliken was “operating, navigating, or maintaining” his vessel in Florida waters. Nor has he alleged that the accident arose from or was directly related to the nonresident’s in-state activities. In fact, the federal court’s recitation of the case reveals that the “Capt. Jeffery” was outside of Florida territory at the time of the incident. The mere circumstance of the “Capt. Jeffery” using a Florida port does not constitute sufficient connection to the cause of action to satisfy either the statutory or constitutional requirements for substitute service pursuant to section 48.19.

Therefore, we find that, where a maritime accident occurs outside the state boundaries, the use of a Florida port does not satisfy the requirement of section 48.19 that the cause of action arise from an “accident ... in which the nonresident .. . may be involved while ... operating, navigating, or maintaining ... [a] watercraft in the state.”

The question certified by the United States Court of Appeals, Fifth Circuit, is answered accordingly.

ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur. *

We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.510.


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Citator

Cited By

  • Compania Helvetica de Navegacion S.A. v. Zorilla, 479 So. 2d 855 (Fla. 3d DCA 1985)
    …Christensen, 375 So. 2d 601 (Fla. 3d DCA 1979); American Realty Co. v. Gwin, 374 So. 2d 643 (Fla. 4th DCA 1979). Second, there is no showing of any minimum contact with the State of Florida to justify substitute longarm service. Corley v. Milliken, 389 So. 2d 976 (Fla.1980); Moo Young v. Air Canada, 445 So. 2d 1102 (Fla. 4th DCA 1984); National League for Nursing v. Bluestone, 388 So. 2d 1090 (Fla. 3d DCA 1980). Third, the plaintiff did not attempt to establish any facts which would permit the use of the pr…
  • Langford v. Stephens, 634 So. 2d 314 (Fla. 4th DCA 1994)
    …PER CURIAM. REVERSED. We agree with appellant that the trial court erred in failing to quash service of process. See Corley v. Milliken, 389 So. 2d 976 (Fla.1980). DELL, C.J., and ANSTEAD and STEVENSON, JJ., concur.…
  • Corley v. Lloyd Milliken and "Capt. Jeffery", 633 F.2d 1135 (5th Cir. 1981)
    …es not satisfy the requirement of section 48.19 that the cause of action arise from an “accident ... in which the nonresident . .. may be involved while ... operating, navigating, or maintaining ... [a] watercraft in the state.” Corley v. Milliken, 389 So. 2d 976, 977 (Fla.S.Ct., 1980). Accordingly, we affirm the district court’s dismissal of this action for want of personal jurisdiction over Lloyd Milliken. AFFIRMED.…

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