CLASSIC ROADSTERS, LTD., A NORTH DAKOTA CORPORATION, APPELLANT,
v.
G.G.L. INDUSTRIES, INC., A FLORIDA CORPORATION, APPELLEE
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Florida appellate court reversed dismissal denial and held that applying long-arm jurisdiction to an out-of-state defendant on a claim entirely unrelated to its Florida business activities violates due process.
A state cannot exercise long-arm jurisdiction over a defendant for claims arising entirely outside the state and unrelated to the defendant's in-state activities without violating due process.
[1] A state long-arm statute cannot constitutionally be applied to exercise jurisdiction over a defendant for claims arising entirely outside the state and unrelated to the d…
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Join FLexlaw to unlock all legal intelligence“it is a denial of due process to subject the above defendant to the jurisdiction of the Florida courts on the unfair competition claim sued upon below. This is so because the defendant could not reasonably anticipate being haled into a Florida court on such unfair competition claim; the claim arose entirely in Minnesota and is not even remotely related to any of its business activities in Florida.”
Court's explanation of why applying jurisdiction would violate due process
Classic Roadsters, Ltd., a North Dakota corporation, was sued in Florida by G.G.L. Industries, Inc. on an unfair competition claim that arose entirely…
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PER CURIAM.
We reverse the non-final order under review, which denied the motion to dismiss below for lack of jurisdiction over the person of the defendant Classic Roadsters, Ltd., upon a holding that it is a denial of due process to subject the above defendant to the jurisdiction of the Florida courts on the unfair competition claim sued upon below. This is so because the defendant could not reasonably anticipate being haled into a Florida court on such unfair competition claim; the claim arose entirely in Minnesota and is not even remotely related to any of its business activities in Florida.
We agree that ordinarily the defendant would be subject to long-arm jurisdiction in Florida under Section 48.193(2), Florida Statutes (1987). The aforesaid statute, however, may not be applied if to do so would constitute, as here, a denial of due process. See Unger v. Publisher Entry Serv., Inc., 513 So. 2d 674 (Fla. 5th DCA 1987), rev. denied, 520 So. 2d 586 (Fla.1988); Scordilis v. Drobnicki, 443 So. 2d 411 (Fla. 4th DCA 1984); Osborn v. University Soc’y, Inc., 378 So. 2d 873 (Fla. 2d DCA 1979).
The order under review is reversed, and the cause is remanded to the trial court with directions to dismiss the instant claim against the defendant Classic Roadsters, Ltd. Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Citicorp Ins. Brokers (Marine), Ltd. v. J.R. Charman, 635 So. 2d 79 (Fla. 1st DCA 1994)…ellee’s loss and this litigation. We therefore conclude that the cause of action arose from the appellant’s business activities in Florida, subjecting it to the personal jurisdiction of the Florida court. Cf. Classic Roadsters, Ltd. v. G.G.L. Ind., 544 So. 2d 1111, 1112 (Fla. 3d DCA 1989) (subjecting defendant to personal jurisdiction would constitute a denial of due process where claim arose in another state and was “not even remotely related to any of its business activities in Florida”). We accordingly af…
Authorities Cited
- Unger v. Publisher Entry Serv., Inc., 513 So. 2d 674 (Fla. 5th DCA 1987)
- Osborn v. The Univ. Soc'y, Inc., 378 So. 2d 873 (Fla. 2d DCA 1979)
- Alain Scordilis v. Drobnicki, 443 So. 2d 411 (Fla. 4th DCA 1984)