ALAN RICHARD TEXTILES, LTD., A NEW YORK CORPORATION, APPELLANT,
v.
VERTILUX, INC., A FLORIDA CORPORATION, APPELLEE
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Alan Richard Textiles, a New York corporation, appealed a trial court order denying its motion to dismiss for lack of personal jurisdiction in a dispute with Florida-based Vertilux over unpaid goods. The appellate court reversed, holding that ordering goods from a Florida seller and failing to pay in Florida alone are insufficient minimum contacts to establish jurisdiction.
The court held that Alan Richard's contacts with Florida were insufficient to support personal jurisdiction. Neither the act of ordering goods from a Florida corporation nor nonpayment of a debt in Florida alone establishes the minimum contacts necessary for a forum state to exercise jurisdiction over an out-of-state defendant.
[1] A defendant's ordering goods from a corporation located in a forum state is insufficient, on its own, to establish minimum contacts with that state for personal jurisdict…
[2] A contract alone is not sufficient to establish minimum contacts with a forum state for the purpose of personal jurisdiction over an out-of-state party.
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“Alan Richard does not have a presence in, or do business in, Florida. The fact that Alan Richard ordered goods from a Florida corporation is not sufficient to establish minimum contacts with Florida so as to allow Alan Richard to be sued in Florida.”
Establishes the core holding that merely ordering goods from a Florida seller is insufficient for jurisdiction
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Join FLexlaw to unlock all legal intelligenceAlan Richard is a New York corporation with its sole business office in New York, with no presence, agents, or business activity in Florida. Vertilux,…
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PER CURIAM.
The defendant, Alan Richard Textiles, Ltd. [Alan Richard], appeals from a non-final order denying its motion to dismiss for lack of personal jurisdiction. We reverse.
Vertilux filed an amended complaint against Alan Richard for account stated, goods sold, and unjust enrichment. Vertilux alleged that it sold goods to Alan Richard and Alan Richard failed to pay for the goods.
Alan Richard moved to dismiss the complaint for lack of jurisdiction. As revealed by the affidavits of the parties, Alan Richard, a New York corporation, is a wholesale distributor of window covering supplies with its sole business office in New York. Alan Richard does not have any agents or employees in Florida, nor does it engage in any business activity or solicit any business in Florida. Alan Richard does not maintain nor has it ever maintained any bank account, post office box, telephone or mail drops in Florida.
In January, 1991, a representative of Ver-tilux, Inc., a Florida corporation, visited Alan Richard in New York and suggested that Alan Richard distribute Vertilux fabrics in the northeast. Vertilux faxed a credit application and, guaranty to Alan Richard in New York. After receipt of these documents, Vertilux and Alan Richard began doing business whereby Alan Richard would order products by telephone or fax for shipment to Alan Richard in New York. Vertilux provided an 800 telephone number for use by its customers. The invoices used by Vertilux provide that “all payments advance payment or C.O.D. only.” Alan Richard could pay for the goods by sending a check to Vertilux in Miami or by paying the delivery person in New York.
Alan Richard asserted that it did not have sufficient minimum contacts with Florida so as to support long-arm jurisdiction in Florida. Initially, the trial court granted the motion to dismiss the amended complaint. Then, the trial court granted Vertilux’s motion for rehearing and found it had in person-am jurisdiction over Alan Richard. Alan Richard appealed.
Alan Richard does not have a presence in, or do business in, Florida. The fact that Alan Richard ordered goods from a Florida corporation is not sufficient to establish minimum contacts with Florida so as to allow Alan Richard to be sued in Florida. In Burger King Corp. v. Rudzewicz, 471 U.S. 462, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985), the Supreme Court found that a contract alone was not sufficient to establish minimum contacts with the forum state so as to allow the out-of-state party to be sued in the forum state.
Moreover, nonpayment of a debt in Florida alone is not a sufficient minimum contact to sustain personal jurisdiction. “[T]he mere failure to pay money in Florida, standing alone, would [not] suffice to obtain jurisdiction over a nonresident defendant.” Payless Drug Stores Northwest, Inc. v. Innovative Clothing Exchange, Inc., 615 So. 2d 249, 250 (Fla. 8d DCA 1993) (quoting Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 503 (Fla.1989)). For the foregoing reasons, the order under review is reversed and the cause remanded with directions to the trial court to dismiss the action without prejudice to Vertilux to refile in an appropriate jurisdiction.
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deMCO Techs., Inc. v. C.S. Engineered Castings, Inc., 769 So. 2d 1128 (Fla. 3d DCA 2000)…rmarkets, 696 So. 2d 1207 (Fla. 3d DCA 1997) (failure to pay for flowers); O’Brien Glass Co. v. Miami Wall Sys., Inc., 645 So. 2d 142, 143 (Fla. 3d DCA 1994) (failure to pay for construction materials); Alan Richard Textiles, Ltd. v. Vertilux, Inc., 627 So. 2d 529, 530 (Fla. 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. H…
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Marsh Supermarkets, Inc. v. The Queen's Flowers Corp., 696 So. 2d 1207 (Fla. 3d DCA 1997)…o. 2d 142, 144 (Fla. 3d DCA 1994) (the mere fact that non-resident defendant ordered goods from a Florida corporation and that payment was due in Florida does not render it amenable to suit in Florida); Alan Richard Textiles, Ltd. v. Vertilux, Inc., 627 So. 2d 529, 530 (Fla. 3d DCA 1993) (the fact that the non-resident defendant consistently ordered goods from a Florida corporation over a fifteen month period in Florida, standing alone, deemed insufficient to obtain jurisdiction over non-resident defendant);…
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O'Brien Glass Co. v. Miami Wall Sys., Inc., 645 So. 2d 142 (Fla. 3d DCA 1994)…ed some goods from a corporation (Miami Wall) which does conduct business in Florida. The mere fact that O’Brien ordered goods from a Florida corporation does not render it amenable to suit in Florida. Alan Richard Textiles, Ltd. v. Vertilux, Inc., 627 So. 2d 529, 530 (Fla. 3d DCA 1993) (holding that the act of ordering goods from a Florida corporation was insufficient to establish minimum contacts); see also Payless Drug Stores Northwest, Inc. v. Innovative Clothing Exchange, Inc., 615 So. 2d 249 (Fla. 3d D…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. 1985)
- Venetian Salami Co. v. J.S. Parthenais, 554 So. 2d 499 (Fla. 1989)
- Payless Drug Stores Nw., Inc. v. Innovative Clothing Exch., Inc., 615 So. 2d 249 (Fla. 3d DCA 1993)