ROBERT SIMBOLI, APPELLANT,
v.
JERRY MILLER AND J. M. FEIGHERY COMPANY, A GEORGIA CORPORATION, APPELLEES
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The court held that the plaintiff failed to meet its burden of proof that the defendant, a non-resident corporation, was doing business in Florida prior to the enactment of Fla.Stat. § 48.193.
A Georgia corporation sold a machine in Georgia that was later brought to Florida, where it allegedly caused injury. The Georgia corporation serviced …
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PER CURIAM.
This is an appeal from an order dismissing one of the defendants from plaintiff’s cause. The dismissal is predicated upon a failure of the court to obtain jurisdiction over the defendant.
The defendant is a Georgia corporation. It sold a machine in Georgia which was later brought to Florida where it is alleged to have caused plaintiff’s injury. While the machine was in Florida, it was serviced by the Georgia corporation. However, the frequency of servicing and the period of time involved is not set forth.
The question presented is whether or not, under the law existing prior to the enactment of Fla.Stat. § 48.193, the present law, a non-resident corporation was doing business in the State of Florida under the very sketchy facts set out above. See Youngblood v. Citrus Associates of New York Cotton Exchange, Inc., Fla.App.1973, 276 So. 2d 505, and Pan Americana Television Los Angeles, Inc. v. Latin Media Consultants, Corp., Fla.App.1974, 300 So. 2d 730.
We hold that under the rule stated in Atlas Aircraft Corporation v. Buckingham, Fla.App.1974, 302 So. 2d 163, the plaintiff has failed to meet its burden of proof that the defendant was doing business in the State of Florida.
Affirmed.
NATHAN, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Youngblood v. Citrus Assocs. OF the NEW York Cotton Exch., Inc., 276 So. 2d 505 (Fla. 4th DCA 1973)
- Atlas Aircraft Corp. v. Buckingham, 302 So. 2d 163 (Fla. 4th DCA 1974)
- Meyer v. Kenneth G. Gould, M.D., 300 So. 2d 730 (Fla. 2d DCA 1974)