HERBERT ANSON, JOHN J. FOGARTY, E. HILLMAN WALLER, JOHN O'MOORE, HAROLD L. STEWART, HARVEY GREENWALD AS TRUSTEE OF THE CAROL GREENWALD TRUST, AND JOCELYN BLAIR, AS SUCCESSOR TRUSTEE OF THE JOCELYN BLAIR TRUST, APPELLANTS,
v.
DOUGLAS LEMPERUER, CO-EXECUTOR OF THE ESTATE OF ALLAN L. BLAIR, DECEASED, APPELLEE

Fla. 1st DCA | 1980-11-26
No. UU-89
JOANOS, J., and WOODIE A. LILES (Ret.), Associate Judge, concur.
390 So. 2d 478 Florida District Court of Appeal, First District (1980) Negative Treatment
Cited by 16 cases

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Synopsis

The court affirmed the denial of a motion to dismiss for lack of personal jurisdiction over a New York resident who was a partner in an Illinois general partnership that conducted a condominium development business venture in Florida. The court held that Florida's long-arm statute provided jurisdiction based on the defendant's participation in a business venture within the state, notwithstanding that the defendant had no personal property or contracts in Florida.


Holding

Florida courts have jurisdiction under the long-arm statute over defendants who conduct a business venture in the state, regardless of whether they personally own property or have contracts within Florida or their title to property has been divested before judgment.


Headnotes

[1] A defendant is subject to the jurisdiction of Florida courts under the long-arm statute when the cause of action arises from the active conduct of a business venture in F…

[2] A partnership agreement that expressly states the objective of acquiring land in Florida and developing condominium units thereon constitutes the conduct of a business ve…

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Key Quotes

“Because the claim in question clearly arose out of the active conduct of business in Florida under the partnership agreement describing that business as above recited, we attach no conclusive significance to the terms of the affidavit nor to the fact that foreclosure had occurred and the partners' title to the particular property in question had been divested before the Florida judgment against Blair in 1978.”

Establishes that the court disregarded the defendant's affidavit denying Florida business activities because the partnership agreement itself showed the objective was to conduct business in Florida.

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Facts & Procedural History

Allan L. Blair, an Illinois resident and trustee, entered into a partnership agreement in 1973 with John J. Fogarty (New York resident) and others to …

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Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

John J. Fogarty appeals from the denial of his motion to dismiss for lack of personal jurisdiction. We affirm.

On February 17,1973, Allan L. Blair, not personally but solely as Trustee under the Jocelyn M. Blair Trust, of Chicago, Illinois, entered into an agreement with John J. Fogarty and several other individuals to create an Illinois general partnership known as the Crystal Sands Development Association. The express objective of the partnership was to acquire land in Florida and develop and construct condominium units and townhouses thereon. Allan L. Blair was an Illinois resident. John J. Fo-garty was a New York resident. Of the five remaining partners, three were residents of Florida.

In 1974 the partnership borrowed money in furtherance of its objective of condominium development on the land then owned by the partnership in Panama City, Florida. In order to induce the First National Bank of Chicago to lend money to the partnership, Allan L. Blair, not in his representative capacity but individually, executed and delivered an unconditional guaranty of any credit extended by First National to Crystal Sands. Crystal Sands then borrowed funds from First National and caused a promissory note in the amount of 14 million dollars to be executed on its behalf. The note was secured by a mortgage on the real property owned by the partnership in Panama City, Florida.

On February 25, 1975, First National declared Crystal Sands to be in default under the 14 million dollar note and instituted mortgage foreclosure proceedings in Florida. On July 30, 1975, a final judgment of foreclosure was entered in favor of First National. On January 4, 1978, a deficiency judgment was entered against Crystal Sands in Bay County, Florida. A final judgment against Allan L. Blair, individually, on account of Blair’s guaranty was entered in Bay County, Florida, on January 11,1978. Allan L. Blair paid First National the sum of $300,000 in satisfaction of the judgment, against him personally in February of 1978. Sometime thereafter Allan L. Blair died. The co-executor of Blair’s estate filed this action against the partners of Crystal Sands seeking damages as a result of Blair’s having made payment under the guaranty to First National. Personal service was made on John J. Fogarty in New York pursuant to Section 48.193, Florida Statutes. No other partners have been served in the action.

On December 18, 1979, John J. Fogarty moved to dismiss the complaint alleging the courts of the State of Florida have no jurisdiction to hear the matters presented by the plaintiff, representing the estate of Allan L. Blair individually. The motion was denied February 8, 1980.

Appellants’ only offer of proof, refuting the allegation that at all times material hereto defendants engaged in a business venture in Florida, was appellants’ sworn affidavit stating “I do not conduct a business in the State of Florida and do not own any real property within the State. I have no contract to insure any person or risk located within the State of Florida.” Because the claim in question clearly arose out of the active conduct of business in Florida under the partnership agreement describing that business as above recited, we attach no conclusive significance to the terms of the affidavit nor to the fact that foreclosure had occurred and the partners’ title to the particular property in question had been divested before the Florida judgment against Blair in 1978. The statute provides for service in “any cause of action arising from” various enumerated acts, including the conduct of a “business venture in this State.” Section 48.193, Florida Statutes.

We agree that under the circumstances presented in this case appellant is subject to the jurisdiction of the Florida courts under the Florida long arm statute.

AFFIRMED.

JOANOS, J., and WOODIE A. LILES (Ret.), Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • April Indus., Inc. v. Levy, 411 So. 2d 303 (Fla. 3d DCA 1982)
    …collectively and show a general course of business activity in the state for pecuniary benefit. Dinsmore v. Martin Blumenthal Associates, Inc., 314 So. 2d 561 (Fla.1975) (intent to sell property in Florida through agent). Accord Anson v. Lemperuer, 390 So. 2d 478 (Fla. 1st DCA 1980) (express object of partnership was to acquire land in Florida and develop condominium units); Southeast First National Bank of Satellite Beach v. Atlantic Telec, Inc., 389 So. 2d 1032 (Fla. 5th DCA 1980) (contract evidenced an on…
  • Renda v. Peoples Fed. Sav. & Loan Ass'n OF Tarentum, 538 So. 2d 860 (Fla. 1st DCA 1988)
    …ourt’s bases for the exercise of long-arm jurisdiction are valid in this case, since the facts do not establish that the defendants had the minimum contacts necessary to subject them to the jurisdiction of the Florida courts. In Anson v. Lemperuer, 390 So. 2d 478 (Fla. 1st DCA 1980), this court found a New York resident to be subject to the jurisdiction of the Florida courts under the long-arm statute, where the New York resident was a partner in a general partnership whose express purpose was to acquire lan…
  • Kelly v. State, 597 So. 2d 900 (Fla. 3d DCA 1992)
    …isdiction was granted by the trial court. This court reversed, holding that the nonresident partner was doing business in Florida since his partner and agent, Bean, was conducting partnership business in the state. Similarly, in Anson v. Lemperuer, 390 So. 2d 478 (Fla. 1st DCA 1980), the court upheld jurisdiction over a New York resident who was a partner in an Illinois partnership that had property holdings and business dealings in Florida. The court found that the claim in question had arisen out of the ac…

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