C. T. BECKHAM AND HENRY BRILLIANT, APPELLANTS (DEFENDANTS),
v.
HUGH HOLBORN, APPELLEE, CROSS APPELLANT (PLAINTIFF), V. TRANSLINEAR, INC., A CORPORATION, CROSS APPELLEE (DEFENDANT)
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The court dismissed an interlocutory appeal where a Florida resident sued a Texas corporation for return of $30,000 paid for unregistered stock. The trial court granted the defendant's motion to quash service of process under Florida's long arm statute, finding insufficient evidence that the defendant conducted a business or business venture in Florida related to the stock sale.
The trial court properly quashed service of process because there was substantial competent evidence that Translinear did not conduct a business or business venture in Florida with respect to the stock sale to Holborn, and the court will not disturb this finding.
[1] A trial court's determination of whether a foreign corporation conducted a business or business venture in Florida, for purposes of the long-arm statute, will not be dist…
[2] The Florida long-arm statute applies to foreign corporations that operate, conduct, engage in, or carry on a business or business venture in the state, or have an office…
Previewing 2 of 5 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“The acceptance by . all foreign corporations, ... of the privilege extended by law to nonresidents and others to operate, conduct, engage in, or carry on a business or business venture in the state, or to have an office or agency in the state, constitutes an appointment by the . . . foreign corporations of the secretary of state of the state as their agent on whom all process in any action or proceeding against them, or any of them, arising out of any transaction or operation connected with or incidental to the business or business venture may be served.”
Establishes the condition under Florida's long arm statute when service of process on a foreign corporation is valid.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHolborn, a Florida resident, purchased stock from Translinear, a Texas corporation, claiming to have agreed to and received delivery of the stock in F…
The full statement of facts, procedural history, and disposition for this case are member content.
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MILLS, Judge.
By interlocutory appeal, plaintiff seeks reversal of the trial court’s order granting Translinear’s motion to quash the service of process on it. Beckham and Brilliant abandoned the interlocutory appeal taken by them.
Plaintiff, a Florida resident, brought suit against the defendant, a Texas corporation, seeking the return of $30,000.00 he paid to defendant for stock which it developed later was not registered for sale in Florida as required by Chapter 517, Florida Statutes. Plaintiff alleged in his complaint that he purchased the stock from the defendant in Florida, and that the defendant engaged in a business venture in Florida. Plaintiff obtained service of process on the defendant under the “long arm statute”, Section 48.181, Florida Statutes.
In support of the defendant’s motion to quash, several of its corporate officers gave affidavits that defendant had not engaged in any business venture in Florida, that the stock was sold to and delivered to plaintiff in Texas, and that as a convenience to plaintiff, an officer accepted plaintiff’s check in payment of the stock while in Florida on another matter. In opposition to the motion to quash, plaintiff, by way of affidavit and deposition, stated that he agreed to buy the stock in Florida, that the stock was delivered to him in Florida, and that he delivered his check in payment of the stock in Florida. In addition, he stated that prior to the purchase and over a period of time officers of defendant carried on extensive negotiations with plaintiff for the sale of the stock while carrying on other business of the defendant in Florida. That after concluding the sale of the stock, the corporate officers of defendant were carried to Miami by plaintiff to check on a business interest defendant had there, and in which the plaintiff was involved under a contract with defendant.
Defendant did not file counter affidavits in rebuttal of plaintiff’s affidavit and deposition. The Florida long arm statute, Section 48.181, Forida Statutes, provides in pertinent part as follows:
“The acceptance by . all foreign corporations, ... of the privilege extended by law to nonresidents and others to operate, conduct, engage in, or carry on a business or business venture in the state, or to have an office or agency in the state, constitutes an appointment by the . . . foreign corporations of the secretary of state of the state as their agent on whom all process in any action or proceeding against them, or any of them, arising out of any transaction or operation connected with or incidental to the business or business venture may be served. The acceptance of the privilege is signification of the agreement of the persons and foreign corporations that the process against them which is so served is of the same validity as if served personally on the persons or foreign corporations.”
Each case presented under the long arm statute must be resolved on the basis of the facts revealed by the record in that particular case. Wm. E. Strasser Construction Corp. v. Linn, 97 So. 2d 458 (Fla.1957).
The long arm statute is only limited by its terms and the due process requirement that one have certain minimum contacts with the forum such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. International Shoe Company v. State of Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed 95 (1945).
The trial court concluded that there was insufficient evidence to show that Translinear conducted a business or business venture in Florida in respect to the sale of its stock to plaintiff. There was substantial competent evidence to support the trial court’s decision. We will not disturb it.
Interlocutory appeal dismissed.
RAWLS, Acting C. J., and McCORD, J., concur.
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Int'l City Bank & Tr. Co. v. Forest Shores, Inc., 340 So. 2d 530 (Fla. 1st DCA 1976)…ts with the forum such that the maintenance of the suit does not offend traditional notions of fair play and substantive justice. International Shoe Company v. State of Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945).” Beckham v. Holborn, 330 So. 2d 101 (Fla. 1st DCA 1976). The allegations show that IC Bank and ICB Corporation were engaged in a business venture in this State dealing with real property located within this State. It is also clear that the suit brought against IC Bank and ICB Corpora…
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Beckham v. Holborn, 332 So. 2d 682 (Fla. 1st DCA 1976)…near. This Court sustained the order dismissing Holborn’s complaint against Tran-slinear for want of jurisdiction, but Beck-ham abandoned his effort to obtain interlocutory relief and went to trial. Beckham v. Holborn (Holborn v. Translinear, Inc.,) 330 So. 2d 101 (Fla.App. 1st, 1976). Having not previously reviewed the interlocutory order affecting Beckham, we now review it on Beckham’s plenary appeal. Our decision in favor of Transli-near concludes Holborn’s case against Beckham as well, for there is no ev…
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Fasco Controls Corp. v. Goble, 688 So. 2d 1029 (Fla. 5th DCA 1997)…r this court is whether there is competent substantial evidence to support the trial court’s jurisdictional finding. See Hardy v. Sanyei Hong Kong, Ltd., 448 So. 2d 1215, 1216 (Fla. 4th DCA), rev. den., 458 So. 2d 272 (Fla.1984); Beckham v. Holborn, 330 So. 2d 101, 102 (Fla. 1st DCA 1976). Inferences cannot be the basis for upholding a trial court’s jurisdictional finding. Appellee’s argument that such allegations can be inferred is a tacit admission that there is a lack of specificity. Finally, appellee con…
Authorities Cited
- Int'l Shoe Co. v. State OF Wash., 326 U.S. 310 (U.S. 1945)
- WM. E. Strasser Constr. Corp. v. Linn, 97 So. 2d 458 (Fla. 1957)