FASHION TWO TWENTY, INC., APPELLANT,
v.
RALPH AND REBA, INC., RALPH MEYER AND REBA L. MEYER, HIS WIFE, INDIVIDUALLY, ET AL., APPELLEES

Fla. 3d DCA | 1971-10-19
Nos. 71-983, 71-984
Before PEARSON, HENDRY and BARKDULL, JJ.
254 So. 2d 49 Florida District Court of Appeal, Third District (1971) Positive Treatment
Cited by 5 cases
Topics
Breach Of Franchise Agreement Doing Business In A State Personal Jurisdiction

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Opinion of the Court
PEARSON, Judge.

PEARSON, Judge.

These interlocutory appeals are from an order denying defendant-appellant’s motion to dismiss for lack of jurisdiction and an order denying a motion for rehearing addressed to the same order. The suit was brought by a franchisee against its franchisor. The question presented is whether a franchisor who is not and has not been physically present in this state can be said to be doing business in the state where the franchisor exerts control over the franchisee and others so that the franchise is breached.

We affirm the finding of the trial judge that appellant was doing business in this state within the meaning of F.S. § 48.181, F.S.A. See Woodring v. Crown Engineering Co., Fla.App.1962, 141 So.2d 816. See also DiGiovanni v. Gittelson, Fla.App.1965, 181 So.2d 195, and Reader’s Digest Ass’n, v. State Ex Rel. Conner, Fla.App.1971, 251 So.2d 552, where this court distinguished Fawcett Publications, Inc. v. Rand, Fla.App.1962, 144 So.2d 512.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Stenocomp, Inc. v. Automated Word Processing, Inc., 345 So. 2d 400 (Fla. 3d DCA 1977)
    …PER CURIAM. Affirmed. See Wm. E. Strasser Construction Corporation v. Linn, 97 So. 2d 458 (Fla.1957); Dans v. Gran Habana Restaurant & Lounge, Inc., 244 So. 2d 157 (Fla.3d DCA 1971); Fashion Two Twenty, Inc. v. Ralph & Reba, Inc., 254 So. 2d 49 (Fla.3d DCA 1971).…
  • Sonnenblick-Goldman OF Miami Corp. v. Feldman, 266 So. 2d 48 (Fla. 3d DCA 1972)
    …sustain appellee’s allegation that the New York corporation was doing business in the State of Florida. See Richard Bertram & Co. v. American Marine, Ltd., Fla.App.1972, 258 So. 2d 335; Fashion Two Twenty, Inc. v. Ralph and Reba, Inc., Fla.App.1971, 254 So. 2d 49. The second point urges that the trial court erred in not providing a full ev-identiary hearing when the appellant moved to quash service of process. A reading of the record does not indicate that the appellant requested a full eviden-tiary hearing…
  • Fashion TWO Twenty, Inc. v. Ralph & Reba, Inc., 262 So. 2d 443 (Fla. 1972)
    …Certiorari denied. 254 So. 2d 49. ROBERTS, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.…

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