DENNIS A. HERMAN, APPELLANT,
v.
SUNSET COMMERCIAL BANK, APPELLEE
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PER CURIAM.
We reverse the order which denied defendant’s motion to dismiss and quash service of process on authority of Florida Rule of Civil Procedure 1.070 and Burger King Corp. v. Rudzewicz, — U.S. -, -, 105 S.Ct. 2174, 2185, 85 L.Ed.2d 528, 544-45 (1985). As a basis for long-arm jurisdiction, a pleading which alleges only that
Defendant ... is ... subject to the Court’s personal jurisdiction for having failed to make payment in Florida as guarantor of a note in default, and thereby failing to perform acts required by the guaranty contract to be performed in this state....
is constitutionally infirm. See also Edwards v. Geosource, Inc., 473 So. 2d 36 (Fla. 1st DCA 1985) (signing of promissory note as guarantors of obligations of Florida corporation insufficient minimum contacts to subject non-resident shareholders of corporation to jurisdiction of Florida court).
Reversed and remanded with instructions to dismiss.
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deMCO Techs., Inc. v. C.S. Engineered Castings, Inc., 769 So. 2d 1128 (Fla. 3d DCA 2000)…choice of laws provision, without more, is insufficient to establish long-arm jurisdiction over a nonresident defendant. See DeMetra Hontzas v. Kaufman, Rossin & Co., 513 So. 2d 745, 746 (Fla. 3d DCA 1987); see also Herman v. Sunset Commercial Bank, 481 So. 2d 98 (Fla. 3d DCA 1986). Stripped to its barest essence, C.S. Engineered seeks to have the lower court exercise personal jurisdiction over the ap-pellees solely for their alleged failure to pay the promissory note in Florida. In accordance with our earl…
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Pellerito Foods, Inc. v. Am. Conveyors Corp., 542 So. 2d 426 (Fla. 3d DCA 1989)…long-arm jurisdiction, a pleading which alleged only that the defendant was subject to personal jurisdiction in Florida for failure to make payment, as guarantor, on a note which required [*429] payment in Florida. Herman v. Sunset Commercial Bank, 481 So. 2d 98 (Fla. 3d DCA 1986); see also DeMetra Hontzas v. Kaufman, Rossin & Co., 513 So. 2d 745 (Fla. 3d DCA 1987) (place of payment in Florida and agreement that Florida law governs insufficient to establish personal jurisdiction). We need not resolve this a…
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Gilbert v. Herne, 544 So. 2d 226 (Fla. 3d DCA 1989)…have to establish that Herne had engaged in or carried on business in the state. See Engineered Storage Sys., Inc. v. National Partitions & Interiors, Inc., 415 So. 2d 114 (Fla. 3d DCA 1982). We acknowledge that in Herman v. Sunset Commercial Bank, 481 So. 2d 98 (Fla. 3d DCA 1986), we determined that a pleading which alleged only a guarantor’s failure to perform acts required by a guaranty contract to be performed in this state was constitutionally infirm. We find no inconsistency with our present holding a…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. 1985)
- W.R. Edwards, Jr. v. Geosource, Inc., 473 So. 2d 36 (Fla. 1st DCA 1985)