RAYMOND E. HATCHER, SR., APPELLANT,
v.
FLORITA A. HATCHER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida District Court of Appeal reversed the trial court's denial of a defendant's motion to dismiss for lack of personal jurisdiction in a breach of contract case. An Alaska resident was sued in Florida for allegedly failing to endorse an insurance check, but the court found insufficient minimum contacts with Florida to satisfy due process requirements for jurisdiction.
The court reversed and held that Florida lacked personal jurisdiction over the defendant because the defendant did not have minimum contacts with Florida such that maintenance of the suit would not offend traditional notions of fair play and substantial justice. The mere failure to pay money in Florida, without additional purposeful conduct directed at Florida, is insufficient to establish jurisdiction over a nonresident defendant.
[1] A Florida court may exercise personal jurisdiction over a non-resident defendant for a cause of action arising from the breach of a contract in Florida by failing to perf…
[2] A non-resident defendant's mere failure to pay money in Florida, standing alone, is insufficient to establish minimum contacts for the exercise of personal jurisdiction o…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To satisfy due process considerations there must additionally be 'minimum contacts with [Florida] such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.'”
Establishes the due process requirement that must be met in addition to statutory jurisdictional provisions.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff (a Florida resident) sued defendant (an Alaska resident) for breach of an oral contract allegedly made in Florida. The contract allegedly re…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Purposeful Availment cases and more on FLexlaw
LEHAN, Judge.
We reverse the denial of defendant’s motion to dismiss for lack of personal jurisdiction.
This is a suit for breach of an alleged oral contract made by plaintiff in Florida with defendant, an Alaska resident. It is alleged that in the contract defendant agreed to come back to Florida and endorse in favor of plaintiff an insurance check which was to be mailed to defendant at a Florida address. The check (which was actually mailed by the insurer to defendant in Alaska and cashed by him there) was to represent proceeds of insurance on the life of the insured, who was defendant’s son and plaintiff’s husband. At the time the alleged contract was made, defendant had come from Alaska to Florida for his son’s funeral.
Section 48.193(1)(g), Florida Statutes (1991), provides for Florida jurisdiction over a person not a resident of Florida under a cause of action arising from that person “[bjreaching a contract in this state by failing to perform acts required by the contract to be performed in this state.” If those statutory provisions by themselves were enough to justify Florida jurisdiction, we would affirm. But they are not. Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 500 (Fla.1989). To satisfy due process considerations there must additionally be “minimum contacts with [Florida] such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.” Id.
Especially in the noncommercial setting of this case we do not conclude that minimum contacts existed “such that [defen dant] should reasonably anticipate being haled into court” in Florida. Id. (quoting World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297, 100 S.Ct. 559, 567, 62 L.Ed.2d 490, 501 (1980)). The “quality and nature” of the transaction alleged in this case was, with respect to Florida, “so ‘random,’ ‘fortuitous,’ or ‘attenuated’ that it cannot fairly be said that the potential defendant ‘should [have] reasonably anticipate^] being haled into court’ in another jurisdiction,” i.e., Florida. 554 So. 2d at 501.
The essence of the complaint is that defendant, by failing to endorse the check in Florida, failed to pay plaintiff money in Florida. But, as the supreme court said in Venetian Salami, “[W]e do not believe that the mere failure to pay money in Florida, standing alone, would suffice to obtain jurisdiction over a nonresident defendant.” 554 So. 2d at 503. There were in this case, in contrast to the situation in Venetian Salami, no additional facts alleged to show that defendant engaged in purposeful conduct in Florida that would meet the requirement that “in each case ... there be some act by which the defendant purposefully avails [himself] of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.” Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1239-40, 2 L.Ed.2d 1283, 1298 (1958). See also Segal v. Russell, 553 So. 2d 346 (Fla. 4th DCA 1989). Certainly “[i]t ... cannot be said that appellant has sought a commercial benefit from solicitation of business from a resident of [Florida].” Kulko v. California Superior Court, 436 U.S. 84, 97, 98 S.Ct. 1690, 1699, 56 L.Ed.2d 132, 144 (1978).
That the complaint additionally alleges that in consideration for defendant’s foregoing alleged promise plaintiff agreed to pay defendant’s plane fare between Alaska and Florida and to allow defendant to visit his grandson in Florida does not convert the allegations of defendant’s conduct into the types of conduct described above which is necessary to invoke Florida jurisdiction over a nonresident. Nor for the same reason do we conclude that whether plaintiff is actually a resident of Florida, and was a resident of Florida at the time of the alleged contract, as she argues, or whether plaintiff was a resident of Georgia and came to Florida, the home of decedent’s mother and defendant’s ex-wife, for her husband’s funeral at the time of the alleged contract, as defendant argues, is determinative.
Reversed and remanded for the dismissal of the complaint.
RYDER, A.C.J., and BLUE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Global Satellite Commc'n Co. v. Sari Sudline and Fernand Sultan, 849 So. 2d 466 (Fla. 4th DCA 2003)…tanding alone, would not suffice to obtain jurisdiction over a nonresident defendant. See Christus St. Joseph’s Health Sys., 805 So. 2d at 1054; Pres-Kap, Inc. v. Sys. One, Direct Access, Inc., 636 So. 2d 1351 (Fla. 3d DCA 1994); Hatcher v. Hatcher, 598 So. 2d 214 (Fla. 2d DCA 1992). But, where a requirement to pay money in Florida has been coupled with a Florida venue selection clause in a contract, courts have held that the nonresident defendant should reasonably expect to be haled into court in Florida. Se…
-
deMCO Techs., Inc. v. C.S. Engineered Castings, Inc., 769 So. 2d 1128 (Fla. 3d DCA 2000)…la. 3d DCA 1993) (failure to pay pursuant to the terms of a credit agreement/guaranty); Payless Drug Stores Northwest, Inc. v. Innovative Clothing Exch., Inc., 615 So. 2d 249, 250 (Fla. 3d DCA 1993) (failure to pay for clothing); Hatcher v. Hatcher, 598 So. 2d 214 (Fla. 2d DCA 1992) (failure to pay pursuant to oral agreement). See also AM Sampling, Inc. v. White Lab., Inc., 564 So. 2d 590, 592 (Fla. 5th DCA 1990) (holding that “[t]he fact that a Florida resident has contracted with a nonresident is insufficie…
-
O'Brien Glass Co. v. Miami Wall Sys., Inc., 645 So. 2d 142 (Fla. 3d DCA 1994)…rokers (Marine), Ltd. v. Charman, 635 So. 2d 79, 80 (Fla. 1st DCA 1994); Klein v. Federated Builders, Inc., 616 So. 2d 623, 624 (Fla. 4th DCA 1993); KFD Aviation, Inc. v. Knight Aero Corp., 612 So. 2d 727, 727 (Fla. 3d DCA 1993); Hatcher v. Hatcher, 598 So. 2d 214, 214 (Fla. 2d DCA 1992); Fleming & Weiss, P.C. v. First Am. Title Ins. Co., 580 So. 2d 646, 647 (Fla. 3d DCA 1991). The record reflects that O’Brien does not have sufficient minimum contacts with Florida so as to satisfy the minimum contacts due pro…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (U.S. 1980)
- Hanson v. Denckla, 357 U.S. 235 (U.S. 1958)
- Venetian Salami Co. v. J.S. Parthenais, 554 So. 2d 499 (Fla. 1989)
- Kulko v. Superior Court of Cal. in & for the City & Cnty. of San Francisco (horn, 436 U.S. 84 (U.S. 1978)
- Segal v. Madelyn Russell, 553 So. 2d 346 (Fla. 4th DCA 1989)