KERRY TRAMEL, APPELLANT,
v.
D'ANGEL BEDDING CORPORATION, ET AL., APPELLEES
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Kerry Tramel, a CFO of an Oklahoma mattress manufacturer, appeals the denial of his motion to dismiss a Florida lawsuit for lack of personal jurisdiction. The appellate court reverses, holding that Florida courts lack long-arm jurisdiction over Tramel in his individual capacity because his contacts with Florida were conducted solely in his corporate representative capacity.
Florida courts do not have long-arm jurisdiction over Tramel individually. The complaint fails to allege sufficient jurisdictional facts to satisfy the statutory requirements, and Tramel's contacts with Florida are insufficient to establish minimum contacts because they were conducted in his corporate capacity as a representative of Lady Americana, not in his individual capacity.
[1] A plaintiff must allege sufficient jurisdictional facts to bring an action within the requirements of the Florida long-arm statute and demonstrate the defendant's minimum…
[2] A plaintiff fails to establish personal jurisdiction over an individual defendant under the Florida long-arm statute when the complaint does not allege sufficient facts a…
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“In order to obtain long-arm jurisdiction, the complaint must allege sufficient jurisdictional facts to bring the action within one of the statutory requirements and the defendant's activities must also constitute sufficient minimum contacts with Florida.”
Establishes the two-part test for long-arm jurisdiction
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Join FLexlaw to unlock all legal intelligenceD'Angel Bedding Corporation, a South Florida mattress manufacturer, sued Lady Americana, an Oklahoma mattress manufacturer, for breach of an exclusive…
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SUAREZ, J.
Kerry Tramel (“Tramel”) appeals the trial court’s order denying his motion to dismiss the counts of D’Angel Bedding Corporation’s (“D’Angel”) suit against him individually for lack of personal jurisdiction. We reverse.
D’Angel, a South Florida mattress manufacturer, sued Oklahoma mattress manufacturer Lady Americana for breach of its exclusive licensing contract to market Lady Americana products in South Florida. D’Angel also sued Tramel, Lady Americana’s Chief Financial Officer, individually for tortious interference and theft of corporate opportunity. D’Angel alleges that Tramel and Lady Americana conspired with a competitor, Dream Makers Sleep Products, Inc. (“Dream Makers”), to replace D’Angel with Dream Makers as the exclusive licensee of Lady Americana products in South Florida. The only issue presented is whether Florida courts have long-arm jurisdiction over Tramel individually.
The trial court should have dismissed the counts against Tramel in his individual capacity. D’Angel attempts to obtain personal jurisdiction over Tramel under the Florida long-arm statute, 48.193, Florida Statutes (2005), sections (l)(a),(b), and (f). In order to obtain long-arm jurisdiction, the complaint must allege sufficient jurisdictional facts to bring the action within one of the statutory requirements and the defendant’s activities must also constitute sufficient minimum contacts with Florida. See Ga. Insurers Insolvency Pool v. Brewer, 602 So. 2d 1264 (Fla.1992). D’Angel has not met either of these requirements.
First, the Second Amended Complaint fails to allege sufficient facts against Tra-mel individually to bring him under one of the statutory requirements of section 48.193. Second, D’Angel failed to plead or prove the existence of Tramel’s minimum contacts with Florida sufficient to satisfy due process. Tramel’s two business trips to the State and communication with Florida businesses were conducted in his corporate capacity as a representative of Lady Americana and not in his individual capacity. Therefore, personal jurisdiction cannot be asserted against him. Doe v. Thompson, 620 So. 2d 1004 (Fla.1993).
We reverse the trial court’s order denying Tramel’s motion to dismiss and remand for the trial court to dismiss D’Angel’s counts against Tramel, individually, for lack of personal jurisdiction.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Frohnhoefer v. Duke Pontin, 958 So. 2d 420 (Fla. 3d DCA 2007)…minimum contacts requirement of the analysis. The third amended complaint fails to plead the existence of any contact between the Frohnhoefers or Stein and the State of Florida such as to satisfy federal due process requirements. Tramel v. D’Angel, 917 So. 2d 982 (Fla. 3d DCA 2005)(insufficient facts to satisfy the statutory requirements of section 48.193, Florida Statutes, and insufficient allegation of minimum contacts where corporate officer made two business trips to Florida in his corporate capacity.)…
Authorities Cited
- DOE v. Jere William Thompson, 620 So. 2d 1004 (Fla. 1993)
- Pool v. Brewer, 602 So. 2d 1264 (Fla. 1992)