JOYCE BROS. STORAGE & VAN COMPANY, APPELLANT,
v.
JOHN PIECHALAK AND FRANCES PIECHALAK, HIS WIFE, APPELLEES
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Joyce Bros. Storage & Van Company appealed an order denying its motion to dismiss for lack of personal jurisdiction in a case brought by the Piechalaks, who contracted with Joyce Bros. to ship goods to Florida and alleged the storage company willfully undervalued their property in the shipping contract. The court held that Florida's long-arm statute did not apply because the appellees failed to allege facts showing the defendant had minimum contacts with Florida, as the contract was executed and breached in Illinois and only the resulting damages occurred in Florida.
The trial court erred in denying the motion to dismiss because the Piechalaks failed to allege a cause of action arising from acts or omissions enumerated in Florida's long-arm statute, which is a prerequisite to invoking long-arm jurisdiction. Joyce Bros. lacked the requisite minimum contacts with Florida as required by the statute, since the contract was executed and breached in Illinois, and only the resulting damages occurred in Florida.
[1] A party seeking to invoke the aid of a long-arm statute must allege in its complaint all requisite jurisdictional facts bearing on the statute's applicability.
[2] Allegations of a cause of action arising from acts or omissions enumerated within a long-arm statute are a prerequisite to the availability of long-arm jurisdiction.
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Join FLexlaw to unlock all legal intelligence“In order to invoke the aid of the long-arm statute, a party must allege in his complaint all requisite jurisdictional facts which have a bearing on the applicability of said statute.”
Establishes the requirement that jurisdictional facts must be pleaded in the complaint to invoke long-arm jurisdiction
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Join FLexlaw to unlock all legal intelligenceThe Piechalaks contracted with Joyce Bros., a booking agent for Allied Van Lines, to ship their goods from Chicago, Illinois to Dade County, Florida. …
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HENDRY, Chief Judge.
This is an interlocutory appeal seeking review of an order of the trial court denying appellant’s motion to dismiss appellees’ complaint for lack of jurisdiction over the person.
Appellees, plaintiffs below, entered into a contract with appellant, one of four defendants below, as booking agent for Allied Van Lines, Inc., to have their goods shipped from Chicago, Illinois, to Dade County, Florida. Sometime after the goods were delivered to a warehouse in Dade County, and while still in Allied’s van awaiting delivery, a fire occurred in said warehouse, destroying appellees’ property. Once notified of the loss, appellees sought reimbursement from appellant and the other defendants, not parties to this appeal.
Upon reading the aforementioned contract, however, appellees realized that the value of their goods had been grossly underestimated by appellant. Correspondence was to no avail as appellant denied any excess liability over the amount stated in the contract. Appellees thereupon filed suit, alleging that appellant willfully and consciously misstated the value of appellees’ goods without first consulting appellees as to the correct value of said property, as required by the terms of the contract, resulting in noncompensable damages. In addition, appellees alleged-that said misstatement was made by appellant in a conspiratorial effort with Allied to limit their liability in the event appellees’ goods were destroyed.
Appellees caused summons and complaint to be served on appellant, by having the sheriff of Cook County, Illinois, serve same on the resident agent of appellant at his place of business in Chicago, pursuant to Sections 48.193 and 48.194, Florida Statutes (1975). Appellant, by way of motion to dismiss, argued that it had no contact with the State of Florida and was therefore not subject to the jurisdiction of its courts. The motion was denied and this appeal follows.
Appellant contends that the court erred in denying its motion to dismiss for lack of jurisdiction over the person in that appel-lees have failed to allege any facts which would subject appellant to the jurisdiction of Florida courts, pursuant to Section 48.-193, Florida Statute (1975), the long-arm statute. We agree.
In order to invoke the aid of the long-arm statute, a party must allege in his complaint all requisite jurisdictional facts which have a bearing on the applicability of said statute. Henschel—Steinau Company v. Harry Schorr, Inc., 302 So. 2d 198 (Fla. 4th DCA 1974).
In the case at bar, appellees have failed to allege a cause of action against appellant arising from any acts or omissions enumerated within the text of Section 48.193. Such an allegation is a prerequisite to the availability of long-arm jurisdiction and insures the due process requirement of “minimum contacts.” See Section 48.193(3), Florida Statutes (1975) and Dublin Company v. Peninsular Supply Company, 309 So. 2d 207 (Fla. 4th DCA 1975).
Accepting appellees’ allegations as true, the facts would reveal that (1) appellant and appellee executed a contract in the State of Illinois, (2) and thereafter breached and/or conspired to breach said contract in the State of Illinois, (3) resulting in damages to appellees in the State of Florida. It is uncontradicted that appellant neither maintained a resident agent or business office within this state, nor conducted business 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). Accordingly, the order denying appellant’s motion to dismiss is reversed and the cause is hereby remanded for further proceedings consistent herewith.
Reversed and remanded.
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Palmer Johnson Yachts v. RAY Richard, Inc., 347 So. 2d 779 (Fla. 3d DCA 1977)…nhattan Bank v. Banco Del Atlantico, 343 So. 2d 936 (Fla. 3d DCA 1977). Further, it is necessary that the jurisdictional basis for service upon a non-resident defendant be alleged in the complaint. See Joyce Bros. Storage & Van Company v. Piechalak, 343 So. 2d 97 (Fla. 3d DCA 1977); and Lopez v. La Fuente, 343 So. 2d 930 (Fla. 3d DCA 1977). The motion to quash service of process should have been granted upon ground (1). We note also that the record does not contain an affidavit of the officer who made servi…
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Yinto Bejar & State Farm Mut. Auto. Ins. Co. v. Zenaida Garcia, 354 So. 2d 964 (Fla. 3d DCA 1978)…s involved in the accident was a non-resident of Florida sufficient to invoke personal jurisdiction over said defendant. See Palmer Johnson Yachts v. Ray Richard, Inc., 347 So. 2d 779 (Fla. 3d DCA 1977); Joyce Bros. Storage and Van Co. v. Piechalak, 343 So. 2d 97 (Fla. 3d DCA 1977); Esberger v. First Florida Business Consultants, Inc., 338 So. 2d 561 (Fla. 2d DCA 1976). Both of the above deficiencies are fatal to the purported service of process in this cause. The order under review is accordingly reversed.…
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Biscayne Athletic Club, Inc. v. Iacono, 367 So. 2d 275 (Fla. 3d DCA 1979)…649 (Fla. 4th DCA 1971); Hoffman v. Three Thousand South Association, Inc., 318 So. 2d 486 (Fla. 4th DCA 1975); Elmex Corp. v. Atlantic Federal Savings & Loan Ass’n, 325 So. 2d 58 (Fla. 4th DCA 1976); Joyce Bros. Storage & Van Company v. Piechalak, 343 So. 2d 97 (Fla. 3d DCA 1977); Drake v. Scharlau, 353 So. 2d 961 (Fla. 2d DCA 1978), and Cosmopolitan Health Spa, Inc. v. Health Industries, Inc., 362 So. 2d 367 (Fla. 4th DCA 1978). The orders appealed are reversed. Reversed.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Dublin Co. v. Peninsular Supply Co., 309 So. 2d 207 (Fla. 4th DCA 1975)
- State v. Weber, 302 So. 2d 198 (Fla. 1st DCA 1974)
- Lewis v. Cues, Inc., 338 So. 2d 241 (Fla. 4th DCA 1976)