JESUS VIZOSO VALVERDE, APPELLANT,
v.
KLOSTERS REDERI A/S, A/K/A NORWEGIAN CARIBBEAN LINES, APPELLEE
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Florida appellate court affirmed dismissal for lack of subject matter jurisdiction where a Spanish citizen employed by a Norwegian corporation under Norwegian law sued under the Jones Act in Florida state court, as the case lacked sufficient contacts with Florida.
A Florida state court lacks subject matter jurisdiction over a Jones Act claim brought by a foreign national employed by a foreign corporation under foreign law when the only connection to Florida is the ship's incidental port calls.
[1] A state court lacks subject matter jurisdiction over a Jones Act claim where the plaintiff is a foreign national, the defendant is a foreign corporation, the employment c…
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Join FLexlaw to unlock all legal intelligenceJesus Valverde, a Spanish citizen, was employed by Norwegian Caribbean Lines under a contract signed in Spain, written in Spanish and Norwegian, and g…
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PER CURIAM.
Plaintiff-appellant seeks review of the trial court’s order granting the defendant-appellee’s motion to dismiss this action for lack of jurisdiction over the subject matter. Plaintiff, Jesus Valverde, a national of Spain, filed a complaint for damages under the Jones Act, Title 46 U.S.C.A. § 688, in the Dade County Circuit Court against the defendant, Norwegian Caribbean Lines. The record reflects the following: (1) plaintiff-appellant is a citizen and domiciliary of Spain, (2) the contract of employment was signed in Spain and was written in Spanish and Norwegian, (3) said contract provided that plaintiff’s rights and obligations are those under Norwegian Law, (4) that appellant is receiving benefits in accord therewith, (5) defendant is a Norwegian corporation and .the ship, the M/V Sunward, upon which the plaintiff was employed is of Norwegian flag and registry, (6) the accident occurred on the high seas off the coast of the Bahamas, and (7) plaintiff’s only contact with this country is upon the ship’s arrival in port to pick up passengers and supplies.
Based upon the above facts it conclusively appears that the trial court lacks jurisdiction over the subject matter and was correct in granting defendant’s motion to dismiss therefor. See Corella v. McCormick Shipping Corporation, Fla.App. 1958, 101 So. 2d 903.
Accordingly, the order herein appealed is affirmed.
Affirmed.
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Cited By
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Rojas v. Kloster Cruise, 550 So. 2d 59 (Fla. 3d DCA 1989)…5 n. 22; see Chiazor, 648 F. 2d at 1015; Phillips v. Amoco Trinidad Oil Co., 632 F. 2d 82 (9th Cir.1980), cert, denied, 451 U.S. 920, 101 S.Ct. 1999, 68 L.Ed.2d 312 (1981). .We reject the appellees’ contention that Val-verde v. Klosters Rederi A/S, 294 So. 2d 101 (Fla. 3d DCA 1974) requires a contrary holding. While the case apparently involved a similar factual situation, and a predecessor of the same corporate defendant, Valverde makes no reference to the United States contacts-base of operations criteria…
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Harley Amanquiton v. Jonny Peterson, 813 So. 2d 112 (Fla. 4th DCA 2002)…ion." See Baydar v. Renaissance Cruises, Inc., 35 F. Supp. 2d 916 (S.D.Fla.1999); Haave v. Tor Husfjord Shipping A/S, 630 So. 2d 623 (Fla. 3d DCA 1993); Rojas v. Kloster Cruise, A/S, 550 So. 2d 59 (Fla. 3d DCA 1989); Valverde v. Klosters Rederi A/S, 294 So. 2d 101 (Fla. 3d DCA 1974).…
Authorities Cited
- Corella v. McCORMICK Shipping Corp., 101 So. 2d 903 (Fla. 3d DCA 1958)