THOMAS FRIST, JR., NAT WINSTON AND THOMAS FRIST, SR., APPELLANTS,
v.
MARVIN J. SCHWARZ AND ASSOCIATES IN ADOLESCENT PSYCHIATRY, S.C., APPELLEES
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PER CURIAM.
This is an appeal from an order determining that the Court has personal jurisdiction over three Tennessee citizens, Thomas Frist, Jr., Nat Winston and Thomas Frist, Sr. We reverse because the complaint fails to include sufficient factual allegations as a basis for such jurisdiction and because these three defendants lack the requisite minimum contacts with the State of Florida to satisfy due process requirements. Bloom v. A.H. Pond Co., 519 F.Supp. 1162, 1168-1171 (S.D.Fla.1981); Bank of Wessington v. Winters Government Securities Corporation, 361 So. 2d 757, 760 (Fla. 4th DCA 1978); McLean Financial Corporation v. Winslow Loudermilk Corporation, 509 So. 2d 1373 (Fla. 5th DCA 1987); Excel Handbag Company v. Edison Brothers Stores, Inc., 428 So. 2d 348, 350 (Fla. 3d DCA 1983).
REVERSED.
GLICKSTEIN, WALDEN and GUNTHER, JJ., concur.
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Commerce P'ship 8098 Ltd. P'ship & Forest-English, Inc. v. Equity Contracting Co., Inc., 695 So. 2d 383 (Fla. 4th DCA 1997)…circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it. Hillman Const. Corp. v. Wainer, 636 So. 2d 576, 577 (Fla. 4th DCA 1994); Henry M. Butler, Inc. v. Trizec Properties, Inc., 524 So. 2d 710, 711-12 (Fla. 2d DCA 1988). Because the basis for recovery does not turn on the finding of an enforceable agreement, there may be recovery under a contract implied in law even where the parties had no dealings at all with each other. See Variety Chi…
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Gomes v. Stevens, 548 So. 2d 1163 (Fla. 2d DCA 1989)…hat she appreciated such benefit, and that the acceptance and retention of it was under such circumstances that it would be inequitable for her to retain the benefit without paying the value thereof. Henry M. Butler, Inc. v. Trizec Properties, Inc., 524 So. 2d 710 (Fla. 2d DCA 1988). The appellees also had to establish that Mrs, Courts either requested the benefit or knowingly and voluntarily accepted it, Butler, and that the benefit flowed to her. Coffee Pot Plaza Partnership v. Arrow Air Conditioning & Refr…
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Hillman Constr. Corp. v. Wainer, 636 So. 2d 576 (Fla. 4th DCA 1994)…ily accepts and retains the benefit conferred; and (3) the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying the value thereof to the plaintiff. Henry M. Butler Inc. v. Trizec Properties Inc., 524 So. 2d 710 (Fla. 2d DCA 1988). Here, the contractor’s complaint alleged these elements. Our decision in Yates v. Bernard’s Carpet & Draperies is simply inapposite to the pleading issue. In that case we reversed a judgment in favor of a supplier of carpeting a…
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- Bloom v. AH Pond Co., Inc., 519 F. Supp. 1162 (S.D. Fla. 1981)
- Bank OF Wessington & Arnold Domke v. Winters Gov't Sec. Corp., 361 So. 2d 757 (Fla. 4th DCA 1978)
- Excel Handbag Co., Inc. v. Edison Bros. Stores, Inc., 428 So. 2d 348 (Fla. 3d DCA 1983)
- McLEAN Fin. Corp. v. Winslow Loudermilk Corp., 509 So. 2d 1373 (Fla. 5th DCA 1987)
- Gollwitzer v. State, 509 So. 2d 1373 (Fla. 5th DCA 1987)