LEONARD HERMAN AND RELLA HERMAN
v.
SUZANNE HERMAN
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Leonard and Rella Herman appeal a dismissal of their claims against Suzanne Herman for lack of personal jurisdiction. The Third District Court of Appeal affirmed the dismissal, holding that the defendants' alleged contacts with Florida were insufficient to satisfy constitutional due process requirements for minimum contacts.
The court affirmed the dismissal for lack of personal jurisdiction, holding that the defendants' alleged contacts with Florida did not satisfy the constitutional minimum contacts requirement of due process. Merely contracting with a non-resident, requiring payment in Florida, or making some payments in Florida is insufficient to establish jurisdiction.
[1] A trial court may not exercise personal jurisdiction over a defendant solely based on their alleged failure to pay a debt in Florida.
[2] Entering into a contract with a Florida resident or requiring payment in Florida does not, by itself, satisfy the due process requirement of minimum contacts for personal…
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Join FLexlaw to unlock all legal intelligence“The due process requirement of minimum contacts is not satisfied by a showing that a party has entered into a contract with a non-resident, or a showing that payment must be made in Florida”
Establishes the core holding that contractual contacts and payment location alone are insufficient for jurisdiction
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Join FLexlaw to unlock all legal intelligenceThe opinion does not provide detailed facts of the underlying dispute. The appellants (Leonard and Rella Herman) brought claims against Suzanne Herman…
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EMAS, C.J.
Leonard and Rella Herman appeal an order dismissing their claims against Suzanne Herman for lack of personal jurisdiction. Following our de novo review of the record, Wendt v. Horowitz, 822 So. 2d 1252, 1256 (Fla. 2002), we affirm. See Bohlander v. Robert Dean & Assoc. Yacht Brokerage, Inc., 920 So. 2d 1226 (Fla. 3d DCA 2006) (reiterating: “The due process requirement of minimum contacts is not satisfied by a showing that a party has entered into a contract with a non-resident, or a showing that payment must be made in Florida”); deMco Tech., Inc. v. C.S. Engineered Castings, Inc., 769 So. 2d 1128, 1132 (Fla. 3d DCA 2000) (holding trial court may not exercise personal jurisdiction over defendants solely on the basis of their alleged failure to pay a promissory note in Florida); Alan Richard Textiles, Ltd. v. Vertilux, Inc., 627 So. 2d 529 (Fla. 3d DCA 1993); Ganiko v. Ganiko, 826 So. 2d 391 (Fla. 1st DCA 2002) (holding insufficient minimum contacts where the only evidence was that payor, while in Texas, entered into an oral loan agreement with mother-in-law (a Florida resident) over the phone; payment was to be made in Florida and some payments were made in Florida); Cornerstone Inv. Funding, LLC v. Painted Post Grp., Inc., 188 So. 3d 904 (Fla. 4th DCA 2016).
See also Taylor v. Gutierrez, 129 So. 3d 415, 419 (Fla. 3d DCA 2013) (citing to Two Worlds United v. Zylstra, 46 So. 3d 1175, 1178 (Fla. 2d DCA 2010) for the proposition that “coming ‘to Florida only a few times a year to visit friends and family’ was insufficient to satisfy . . . due process requirements”); Reiss v. Ocean World, S.A.,
11 So. 3d 404 (Fla. 4th DCA 2009) (holding phone calls by out-of-state resident into Florida not sufficient to establish jurisdiction).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wendt v. Horowitz, 822 So. 2d 1252 (Fla. 2002)
- deMCO Techs., Inc. v. C.S. Engineered Castings, Inc., 769 So. 2d 1128 (Fla. 3d DCA 2000)
- TWO Worlds United v. Roel Zylstra, 46 So. 3d 1175 (Fla. 2d DCA 2010)
- Bohlander v. Robert Dean & Assocs. Yacht Brokerage, Inc., 920 So. 2d 1226 (Fla. 3d DCA 2006)
- Prenoveau v. First Cmty. Bank OF Orange City, 627 So. 2d 529 (Fla. 5th DCA 1993)
- Chris Taylor, M.D. v. Gutierrez, 129 So. 3d 415 (Fla. 3d DCA 2013)
- Diana Reiss, Ph.D. v. Ocean World, S.A., 11 So. 3d 404 (Fla. 4th DCA 2009)
- Cornerstone Inv. Funding, LLC v. Painted Post Grp., Inc., 188 So. 3d 904 (Fla. 4th DCA 2016)