FLIGHT INTERNATIONAL AVIATION TRAINING CENTER, INC., A GEORGIA CORPORATION, APPELLANT,
v.
ROBIN R. RIVERA, APPELLEE
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Flight International Aviation Training Center, Inc. appealed the trial court's denial of its motion to abate for lack of personal jurisdiction. The Florida First District Court of Appeal reversed, finding that the plaintiff failed to establish sufficient minimum contacts with Florida under the long-arm statute or to adequately plead an alter ego theory.
The court reversed because Rivera failed to establish sufficient minimum contacts between FIATC and Florida under the long-arm statute, and Rivera's complaint and affidavit failed to adequately allege and substantiate the facts necessary to invoke the alter ego doctrine.
[1] A court must determine if a complaint alleges sufficient jurisdictional facts under the Florida long-arm statute and if sufficient minimum contacts exist between the foru…
[2] Foreseeability of suit in the forum state and purposeful availment of the forum's privileges and protections are factors in determining sufficient minimum contacts.
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Join FLexlaw to unlock all legal intelligence“In order to determine long-arm jurisdiction over a nonresident defendant, the trial court must determine (1) whether the complaint alleges sufficient jurisdictional facts to bring the action within the ambit of the Florida long-arm statute, section 48.193, Florida Statutes; and (2) whether sufficient minimum contacts exist between our forum state and the defendant to satisfy the Fourteenth Amendment's due process requirements.”
Establishes the two-part test for determining long-arm jurisdiction over nonresident defendants
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Join FLexlaw to unlock all legal intelligenceFlight International Aviation Training Center, Inc. (FIATC), a Georgia corporation, was sued by Robin R. Rivera in Florida. Rivera's amended complaint…
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PER CURIAM.
This appeal arises from an order of the trial court denying Flight International Aviation Training Center, Inc.’s (hereinafter “FIATC”) (a Georgia corporation), motion to abate for lack of personal jurisdiction. We reverse because we find that Rivera failed to establish a basis for invoking Florida’s long-arm jurisdiction. Section 48.193, Florida Statutes.
In order to determine long-arm jurisdiction over a nonresident defendant, the trial court must determine (1) whether the complaint alleges sufficient jurisdictional facts to bring the action within the ambit of the Florida long-arm statute, section 48.193, Florida Statutes; and (2) whether sufficient minimum contacts exist between our forum state and the defendant to satisfy the Fourteenth Amendment’s due process requirements. Doe v. Thompson, 620 So. 2d 1004, 1005 (Fla.1993); Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla.1989); Citicorp Insurance Brokers, Ltd. v. Charman, 635 So. 2d 79 (Fla. 1st DCA 1994).
Factors that go into determining whether sufficient minimum contacts exist include the foreseeability that the defendant’s conduct will result in suit in the forum state and the defendant’s purposeful availment of the forum’s privileges and protections. Georgia Insurers Insolvency Pool v. Brewer, 602 So. 2d 1264, 1268 (Fla.1992); citing Burger King Corp. v. Rudzewicz, 471 U.S. 462, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985).
In the case before us, Rivera’s responding affidavit was inadequate to rebut FIATC’s position that it did not have sufficient minimum contacts within this state.1 Although Rivera’s amended complaint asserts one con-clusory statement that FIATC conducted business activity in Florida, his affidavit asserts no facts showing activities in the state which would meet the requirements of Florida law. See, e.g., AVH Daily Rental Cars, Inc. v. Smith, 640 So. 2d 168 (Fla. 1st DCA 1994); Foster, Pepper & Riviera v. Hansard, 611 So. 2d 581 (Fla. 1st DCA 1992).
Rivera’s affidavit appears to take the position that FIATC and its co-defendant below, Florida International, Inc., are the same entity by asserting that FIATC is the alter ego of Florida International.2 The nonresident parent of a resident subsidiary corporation may be subject to long-arm jurisdiction where the alter ego test can be met. Qualley v. International Air Service, 595 So. 2d 194 (Fla. 3d DCA 1992).
However, Rivera’s complaint and affidavit both fail to assert any facts or specifically allege any wrongful or improper purpose for the alliance between FIATC and Florida International. See, e.g., Woods v. Jorgensen, 522 So. 2d 935 (Fla. 1st DCA 1988) (citing Dania Jai-Alai Palace, Inc. v. Sykes, 450 So. 2d 1114 (Fla.1984)).
Thus, Rivera has failed to adequately allege and substantiate the necessary facts to subject FIATC to the jurisdiction of this state under the alter ego theory.
We REVERSE AND REMAND for the trial court to enter an order dismissing FIATC from the suit.
BOOTH, WOLF and MICKLE, JJ., concur. . The trial court accepted Rivera’s sworn answers to FIATC's interrogatories as rebuttal to FIATC’s affidavit. No issue was raised as to this acceptance.
. Defendant Florida International, Inc., does not contest jurisdiction.
Cases With Similar Vibessemantic neighbors from the corpus
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Taskey v. Burtis, 785 So. 2d 557 (Fla. 4th DCA 2001)…ontacts exist include the foreseeability that the defendant’s conduct will result in suit in the forum state and the defendant’s purposeful availment of the forum’s privileges and protections. See Flight Int’l Aviation Training Ctr., Inc. v. Rivera, 651 So. 2d 1265, 1266 (Fla. 1st DCA 1995)(citing Georgia Insurers Insolvency Pool v. Brewer, 602 So. 2d 1264, 1268 (Fla.1992)). In this case, Burtis’ responding affidavit was inadequate to rebut Taskey’s contention that he did not have sufficient minimum contacts w…
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Cap. ONE Fin. Corp. v. Miller, 709 So. 2d 639 (Fla. 2d DCA 1998)…usiness in Florida. However, the presence of a subsidiary corporation within Florida is not enough, without more, to subject a non-Florida parent corporation to long-arm jurisdiction within Florida. See Flight Int'l Aviation Training Ctr. v. Rivera, 651 So. 2d 1265 (Fla. 1st DCA 1995). The rule to be applied here is the rule stated in Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla.1989). In that case the supreme court said: A defendant wishing to contest the allegations of the complaint concerning ju…
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Doren M. Ganiko v. Willa C. Ganiko, 826 So. 2d 391 (Fla. 1st DCA 2002)…rocess exists include the foreseeability that the defendant’s conduct will result in suit in the forum state and the defendant’s purposeful availment of the forum’s privileges and protections. See Flight Int’l Aviation Training Ctr., Inc. v. Rivera, 651 So. 2d 1265, 1266 (Fla. 1st DCA 1995). Here, respondent’s testimony establishes that the only real contact petitioner had with Florida is (a) petitioner, while in Texas, entered into an oral loan agreement with her mother-in-law, a Florida resident; (b) payment…
Previewing 3 of 4 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)
- Dania Jai-Alai Palace, Inc. v. Sykes, 450 So. 2d 1114 (Fla. 1984)
- DOE v. Jere William Thompson, 620 So. 2d 1004 (Fla. 1993)
- Citicorp Ins. Brokers (Marine), Ltd. v. J.R. Charman, 635 So. 2d 79 (Fla. 1st DCA 1994)
- Qualley v. Int'l AIR Serv. Co., Ltd., 595 So. 2d 194 (Fla. 3d DCA 1992)
- Pool v. Brewer, 602 So. 2d 1264 (Fla. 1992)
- Woods v. Jorgensen, 522 So. 2d 935 (Fla. 1st DCA 1988)
- Foster v. Hansard, 611 So. 2d 581 (Fla. 1st DCA 1992)
- AVH Daily Rental Cars, Inc. v. Smith, 640 So. 2d 168 (Fla. 1st DCA 1994)