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Amfac, Inc. v. Weinstein

Citations: 523 So. 2d 1255; 13 Fla. L. Weekly 1014; 1988 Fla. App. LEXIS 1678; 1988 WL 36893Docket: No. 88-0036

Court: District Court of Appeal of Florida; April 27, 1988; Florida; State Appellate Court

Narrative Opinion Summary

This case involves an appeal by Amfac, Inc., a Hawaii corporation based in California, against the denial of its motion to dismiss a lawsuit filed by Bernard and Rhoda Weinstein in Florida for breach of an employment and consulting agreement. The core legal issue centers on whether the Florida court has in personam jurisdiction over Amfac, given that the agreement did not stipulate any actions to be performed in Florida, and the plaintiffs did not establish sufficient minimum contacts with the state. The dispute originated from a 1982 employment agreement executed in Pennsylvania, which was intended to be governed by Pennsylvania law. Weinstein's claims of jurisdiction were based on alleged breaches occurring while he resided in Florida. However, the appellate court found that Amfac's contacts with Florida were random and insufficient to satisfy the requirements of Florida's long-arm statute and due process. Consequently, the appellate court reversed the lower court's ruling and remanded the case for further proceedings, concluding that Pennsylvania is the appropriate jurisdiction for Weinstein's claims.

Legal Issues Addressed

Application of Long-Arm Statute, Florida Statutes Section 48.193(1)(g)

Application: The court assessed whether the breach of contract alleged by Weinstein, occurring while he was in Florida, satisfied the requirements for jurisdiction under the Florida long-arm statute.

Reasoning: The trial court's jurisdiction over Weinstein is contested based on section 48.193(1)(g) of the Florida Statutes, which allows jurisdiction for a nonresident if a breach of contract occurs in Florida.

Choice of Law and Contractual Performance

Application: The agreement's creation and intended performance in Pennsylvania were pivotal in determining the appropriate jurisdiction, as the contract was governed by Pennsylvania law.

Reasoning: It was established that the agreement was created in Pennsylvania and governed by its laws.

In Personam Jurisdiction under Florida Law

Application: The appellate court evaluated whether the lower court had in personam jurisdiction over Amfac, considering the lack of contractual obligations performed in Florida.

Reasoning: Amfac contends that the court lacks in personam jurisdiction because the agreement did not necessitate any act in Florida, and the plaintiffs failed to demonstrate sufficient minimum contacts with the state.

Minimum Contacts and Due Process

Application: The court applied the due process standard for establishing jurisdiction, ultimately finding Amfac's contacts with Florida insufficient to warrant jurisdiction.

Reasoning: The court noted that Florida's jurisdiction must comply with due process and that the plaintiff must allege sufficient facts of failure to perform in Florida to establish jurisdiction.