Seabra v. INTERNATIONAL SPECIALTY IMPORTS, INC., 4D03-2718.
| Decision Date | 07 April 2004 |
| Docket Number | No. 4D03-2718.,4D03-2718. |
| Citation | 869 So.2d 732 |
| Parties | Albano SEABRA, Appellant, v. INTERNATIONAL SPECIALTY IMPORTS, INC., Triunfo Food Import and Export Corp., a foreign corporation, Antonio Seabra, Renato Costa, Isi Brazil, a foreign corporation, and Robert Tavares, jointly and severely, Appellees. |
| Court | Florida District Court of Appeals |
Robert M. Weinberger of Cohen, Norris, Scherer, Weinberger & Wolmer, North Palm Beach, for appellant. Steven M. Goldsmith of Steven M. Goldsmith, P.A., and Keith A. Goldbaum of Friedman, Rosenwasser & Goldbaum, Boca Raton, for appellee, International Specialty Imports, Inc.
We review the trial court's non-final order denying appellant's motion to dismiss for lack of personal jurisdiction. Because the complaint did not allege sufficient jurisdictional facts to exercise Florida's long-arm jurisdiction over appellant, we reverse the order and remand with directions that the action against appellant be dismissed.
Appellee, International Specialty Imports, Inc. (ISI), filed suit against appellant, in his individual capacity, and others, alleging that the defendants conspired to appropriate confidential corporate information and trade secrets from ISI and used the information to interfere with ISI's business relationships. Appellant moved to dismiss the complaint for lack of jurisdiction and filed a supporting affidavit stating that he resides in New Jersey, does not own or lease any real property in Florida, has no permanent or temporary residence in Florida, does not conduct business in Florida, and has never met with any person employed by ISI or acting on the company's behalf either in Florida or elsewhere.
Appellant's deposition was also submitted. He stated that he is a shareholder in and vice-president of Triunfo Food Import and Export Corp. (Triunfo), a co-defendant, but he has no role in the company. Appellant is employed by Beira Corp. and runs operations for A.J. Seabra Supermarkets, Inc. In the past two years, appellant has been to Florida once for a business trip on behalf of A.J. Seabra Supermarkets. During that trip, he searched for a site on which to open a supermarket. A.J. Seabra Supermarkets is unrelated to Triunfo. In his deposition, appellant admitted that, while in Florida on that trip, he met personally with Renato Costa (Costa), a former employee of ISI and also a defendant in this action.
The standard of reviewing an order dismissing a cause for lack of personal jurisdiction is de novo. Wendt v. Horowitz, 822 So.2d 1252 (Fla.2002). In determining whether a Florida court has personal jurisdiction over a nonresident, two inquiries must be made. See Northwestern Aircraft Capital Corp. v. Stewart, 842 So.2d 190 (Fla. 5th DCA 2003). First, the court must consider whether the complaint alleges sufficient jurisdictional facts to bring the action within the control of Florida's long-arm statute, section 48.193, Florida Statutes (2002), i.e., whether defendant performed any of the acts delineated in the statute. Venetian Salami Co. v. Parthenais, 554 So.2d 499, 502 (Fla.1989). If such facts are alleged, the second inquiry is whether sufficient "minimum contacts" are demonstrated to satisfy due process requirements of the United States Constitution. Id. "Factors that go into determining whether sufficient minimum contacts exist include the foreseeability that the defendant's conduct will result in suit in the forum state and the defendant's purposeful availment of the forum's privileges and protections." Taskey v. Burtis, 785 So.2d 557, 559 (Fla. 4th DCA 2001).
In addition, courts are required to strictly construe the long-arm statute. See Camp Illahee Investors, Inc. v. Blackman, 28 Fla. L. Weekly D2672 (Fla. 2d DCA Nov.19, 2003).
In the complaint, appellee alleged that appellant was doing business in Florida, an act which will subject one to personal jurisdiction. See § 48.193(1)(a) (). Appellant refuted that allegation with the filing of his supporting affidavit, which showed that he visited Florida one time in the past two years for the limited purpose of trying to locate a site for a supermarket. Thus, the burden shifted to appellee to "prove by affidavit the basis upon which jurisdiction may be obtained."1Venetian Salami, 554 So.2d at 502 (citing Elmex Corp. v. Atl. Fed. Sav. & Loan Ass'n, 325 So.2d 58 (Fla. 4th DCA 1976)). Appellee failed to meet its burden of proving that appellant's one-time visit to Florida was sufficient to subject him to personal jurisdiction in Florida. See, e.g., Suroor v. First Inv. Corp., 700 So.2d...
To continue reading
Request your trial
-
In re Takata Airbag Prods. Liab. Litig.
...(S.D. Fla. 2007) (quoting Gadea v. Star Cruises, Ltd. , 949 So. 2d 1143, 1150 (Fla. 3d DCA 2007) (citing Seabra v. Int'l Specialty Imp., Inc. , 869 So. 2d 732, 733 (Fla. 4th DCA 2004) )). Here, even when accepted as true, Plaintiffs' allegations fail to establish a prima facie case of speci......
-
Interim Healthcare, Inc. v. Interim Healthcare of Se. La., Inc.
...jurisdiction exists." Gadea v. Star Cruises, Ltd., 949 So. 2d 1143, 1150 (Fla. 3d DCA 2007) (citing Seabra v. Int'l Specialty Imp., Inc., 869 So. 2d 732, 733 (Fla. 4th DCA 2004)). 3. Rule 12(b)(3) Motion & Transfer of Venue Pursuant to 28 U.S.C. § 1404(a) When a defendant objects to venue u......
-
In re Chinese-Manufactured Drywall Prods. Liab. Litig.
..." Caiazzo v. Am. Royal Arts Corp., 73 So. 3d 245, 256 (Fla. 4 Dist. App. Ct. 2011) (quoting Seabra v. Int'l Specialty Imps., Inc., 869 So. 2d 732, 733 (Fla. 4 Dist. App. Ct. 2004)). "As used in [subsection (1) of] the long arm statute, 'the term 'arising from' is broad; it does not mean 'pr......
-
In re Chinese Manufactured Drywall Prods. Liab. Litig.
...statute.’ ” Caiazzo v. Am. Royal Arts Corp., 73 So.3d 245, 256 (Fla. 4 Dist.App.Ct.2011) (quoting Seabra v. Int'l Specialty Imps., Inc., 869 So.2d 732, 733 (Fla. 4 Dist.App.Ct.2004)). “As used in [subsection (1) of] the long arm statute, ‘the term ‘arising from’ is broad; it does not mean ‘......