FIRESTONE STEEL PRODUCTS COMPANY OF CANADA, APPELLANT,
v.
DELORES GORDON SNELL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD GORDON, APPELLEE
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Florida appellate court reversed denial of motion to quash service and dismiss for lack of jurisdiction, holding that plaintiff failed to allege prerequisites for personal jurisdiction over nonresident corporation under Florida's long-arm statute.
A nonresident corporation cannot be subjected to personal jurisdiction under Florida Statutes sections 48.181 or 48.193 when the complaint fails to allege the corporation operates a business in Florida or that tortious acts and injuries occurred within Florida.
[1] A complaint must allege that a nonresident corporation operates, conducts, engages in, or carries on a business or business venture in Florida for substituted service of…
[2] Personal jurisdiction over a nonresident defendant under Florida Statutes section 48.193 requires either that the tortious act or resulting injury occurred within Florida…
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Join FLexlaw to unlock all legal intelligenceDelores Gordon Snell, as personal representative of Richard Gordon's estate, sued Firestone Steel Products Company of Canada, a nonresident corporatio…
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PER CURIAM.
The non-final order under review denying Firestone’s motions to quash service of process and dismiss for lack of jurisdiction is reversed upon a holding that the plaintiff failed to allege or prove the prerequisites to securing personal jurisdiction over Firestone under either section 48.181 or section 48.193, Florida Statutes (1981), since (1) the complaint lacks even an allegation that Firestone, a nonresident corporation, ‘operates, conducts, engages in, or carries on a business or business venture in Florida’ and that the action arises therefrom so as to authorize substituted service of process under section 48.181, National League for Nursing v. Bluestone, 388 So. 2d 1090 (Fla. 3d DCA 1980); Esberger v.
First Florida Business Consultants, Inc., 338 So. 2d 561 (Fla. 2d DCA 1976); Fla.R.Civ.P. 1.070(i); and (2) the complaint likewise fails to provide any basis for jurisdiction under section 48.193 inasmuch as (a) neither the commission of the alleged tortious act [§ 48.-193(l)(b)], nor the resulting injury [§ 48.-193(l)(f) ], occurred within the State of Florida, see Colhoun v. Greyhound Lines, Inc., 265 So. 2d 18 (Fla.1972); April Industries, Inc. v. Levy, 411 So. 2d 303 (Fla. 3d DCA 1982), and (b) Firestone was not personally served with process pursuant to section 48.194 as required to confer jurisdiction under section 48.193, Underwood v. University of Kentucky, 390 So. 2d 433 (Fla. 3d DCA 1980); Bradford White Corp. v. Aetna Insurance Co., 372 So. 2d 994 (Fla. 3d DCA 1979).
Reversed.
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Cited By
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Gulf Atl. Transp. Co. v. Offshore Tugs, Inc., 740 F. Supp. 823 (M.D. Fla. 1990)
Authorities Cited
- Colhoun v. Greyhound Lines, Inc., 265 So. 2d 18 (Fla. 1972)
- Esberger v. First Fla. Bus. Consultants, Inc., 338 So. 2d 561 (Fla. 2d DCA 1976)
- April Indus., Inc. v. Levy, 411 So. 2d 303 (Fla. 3d DCA 1982)
- Horne v. State, 372 So. 2d 994 (Fla. 3d DCA 1979)
- Underwood v. The Univ. OF Ky., 390 So. 2d 433 (Fla. 3d DCA 1980)
- Nat'l League FOR Nursing v. Bluestone, 388 So. 2d 1090 (Fla. 3d DCA 1980)