GEORGE R. LEWIS ET AL., APPELLANTS,
v.
CUES, INC., APPELLEE
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In this jurisdictional appeal, the Fourth District Court of Appeal affirmed dismissal for lack of personal jurisdiction over defendant Lewis while affirming the trial court's denial of dismissal motions for defendants O'Brien Manufacturing and Conco. The court distinguished between tortious acts committed within Florida (sufficient for jurisdiction) and breaches of contract occurring outside Florida (insufficient for jurisdiction).
The court held that the trial court properly exercised jurisdiction over O'Brien Manufacturing and Conco based on sufficient jurisdictional facts supporting a cause of action for tortious interference with contractual relations occurring within Florida, but lacked jurisdiction over Lewis because the evidence showed any breach of contract occurred in Illinois, not Florida.
[1] A court has jurisdiction over a defendant under a long-arm statute for a tortious act committed within the state if sufficient jurisdictional facts support the cause of a…
[2] A court lacks jurisdiction over a defendant for a breach of contract claim under a long-arm statute if the breach, if any, occurred outside the state.
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Join FLexlaw to unlock all legal intelligence“the record reflects sufficient jurisdictional facts to support the appellee-plaintiff, Cues, Inc.'s, cause of action predicated upon the alleged commission of a tortious act within the State of Florida”
Establishes that tortious acts within Florida provide sufficient basis for long-arm jurisdiction over O'Brien and Conco
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCues, Inc. sued defendants Lewis, O'Brien Manufacturing Company, Inc., and Conco, Inc. in Florida for interference with contractual relations, unjust …
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PER CURIAM.
Upon review of the briefs and the appellate record we are of the opinion that no reversible error occurred with respect to the trial court’s denial of the motion to dismiss of appellants-defendants, Conco, Inc. and O’Brien Manufacturing Company, Inc.; however, we are of the opinion that the trial court erred in denying the motion to dismiss of appellant-defendant Lewis.
The complaint filed below by appellee-plaintiff, Cues, Inc., sought damages for alleged interference with the contractual relations; unjust enrichment for the use of trade secret information; and breach of contract. Service of process was made upon each of the appellants-defendants in the State of Illinois pursuant to the Florida long-arm statute (section 48.193(l)(b), (g), Florida Statutes).1
With respect to appellants-defendants, O’Brien Manufacturing Company, Inc. and Conco, Inc., we are of the opinion that the record reflects sufficient jurisdictional facts to support the appellee-plaintiff, Cues, Inc.’s, cause of action predicated upon the alleged commission of a tortious act within the State of Florida consistent with count one, i. e., interference with contractual relations. Elmex Corp. v. Atlantic Federal Savings & L. Ass’n, 325 So. 2d 58 (Fla.4th DCA 1976); Rebozo v. Washington Post Company, 515 F. 2d 1208 (5th Cir. 1975); see also Symon v. J. Rolfe Davis, Inc., 245 So. 2d 278 (Fla.4th DCA 1971).2 However, with respect to appellant-defendant Lewis, we are of the opinion that the record does not contain sufficient jurisdictional facts to support the appellee’s cause of action against Lewis predicated upon a breach of contract in the State ; on the contrary, the evidence shows that the breach, if any, occurred in the State of Illinois.
Accordingly, the order denying appellants-defendants, O’Brien Manufacturing Company, Inc. and Conco, Inc.’s motion to dismiss is affirmed and the order denying appellant-defendant Lewis’ motion to dismiss is reversed and the cause remanded for further proceedings consistent herewith.
MAGER, C. J., and CROSS and DOW-NEY, JJ., concur. . “Sec. 48.193 Acts subjecting persons to jurisdiction of courts of state
(1) Any person, whether or not a citizen or resident of this state, who personally or through an agent does any of the acts enumerated in this subsection thereby submits that person and, if he is a natural person, his personal representative to the jurisdiction of the courts of this state for any cause of action arising from the doing of any of the following:
* * * * * *
(b) Commits a tortious act within this state ' * * * * * *
(g) Breaches a contract in this state by failing to perform acts required by the contract to be performed in this state.”
. In our opinion the taking of a deposition by a non-resident served with substituted service of process in support of a motion to dismiss for lack of jurisdiction does not constitute an ap pearance for the purpose of conferring jurisdiction upon the court. Cf. McKelvey v. McKelvey, 323 So. 2d 651 (Fla.3d DCA 1976); Ward v. Gibson, 340 So. 2d 481, (Fla.App.) Third District Court of Appeal Case opinion filed June 2, 1976.
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Cosmopolitan Health SPA, Inc. v. Health Indus., Inc., 362 So. 2d 367 (Fla. 4th DCA 1978)…ef is sought by the plaintiff. See First National Bank of Kissimmee v. Dunham, 342 So. 2d 1021 (Fla. 4th DCA 1977); Madax International Corp. v. Delcher Intercontinental Moving Services, Inc., 342 So. 2d 1082 (Fla. 2d DCA 1977); Lewis v. Cues, Inc., 338 So. 2d 241 (Fla. 4th DCA 1976); [*369] Feldman v. Southeast Bank of Dadeland, 323 So. 2d 628 (Fla. 3d DCA 1976); Georgia Savings and Loan Service Corp. v. Delwood Estates, Inc., supra. In the instant case appellee’s allegations contained in its motion for wri…
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Joyce Bros. Storage & VAN Co. v. Piechalak, 343 So. 2d 97 (Fla. 3d DCA 1977)…ness activities here or solicited same. With that in mind, we are of the opinion that-appellant did not have the requisite contacts with the State of Florida, as provided by our statute, and was thus beyond our jurisdiction. See Lewis v. Cues, Inc., 338 So. 2d 241 (Fla. 4th DCA 1976) and Section 48.193(1)(f)1., Florida Statutes (1975). [*99] Accordingly, the order denying appellant’s motion to dismiss is reversed and the cause is hereby remanded for further proceedings consistent herewith. Reversed and reman…
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Authorities Cited
- The Elmex Corp. v. Atl. Fed. Sav. & Loan Ass'n OF Fort Lauderdale, 325 So. 2d 58 (Fla. 4th DCA 1976)
- Symon v. J. Rolfe Davis, Inc., 245 So. 2d 278 (Fla. 4th DCA 1971)
- Rebozo v. Wash. Post Co., 515 F.2d 1208 (5th Cir. 1975)
- McKELVEY v. McKELVEY, 323 So. 2d 651 (Fla. 3d DCA 1976)
- T. C. (Ted) Ward v. Gibson, 340 So. 2d 481 (Fla. 3d DCA 1976)