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JCB, Inc. v. Herman

Citations: 562 So. 2d 754; 1990 Fla. App. LEXIS 3357; 1990 WL 62826Docket: No. 90-27

Court: District Court of Appeal of Florida; May 15, 1990; Florida; State Appellate Court

Narrative Opinion Summary

Phillip Stuart Herman sued JCB, Inc. for personal injuries from a defective machine. JCB, Inc. moved to dismiss the case, claiming lack of personal jurisdiction and ineffective service of process. The trial court found that Herman's complaint sufficiently established long-arm jurisdiction under Florida Statutes section 48.193 and that the service on JCB was valid, thereby granting the court jurisdiction over the appellant. The ruling was supported by precedent indicating that a single transaction by an out-of-state defendant can establish jurisdiction in Florida. Additionally, a manufacturer selling machinery in Florida should expect potential legal action in the state. The appellate court affirmed the trial court's decision.

Legal Issues Addressed

Foreseeability of Legal Action for Manufacturers

Application: Manufacturers, like JCB, Inc., selling machinery in Florida should anticipate the possibility of being subject to legal action within the state.

Reasoning: Additionally, a manufacturer selling machinery in Florida should expect potential legal action in the state.

Personal Jurisdiction under Florida Statutes Section 48.193

Application: The court determined that the plaintiff's complaint sufficiently established long-arm jurisdiction over the defendant, JCB, Inc., by demonstrating that the company engaged in business activities within the state of Florida.

Reasoning: The trial court found that Herman's complaint sufficiently established long-arm jurisdiction under Florida Statutes section 48.193 and that the service on JCB was valid, thereby granting the court jurisdiction over the appellant.

Service of Process Validity

Application: The court ruled that the service of process on JCB, Inc. was valid, thereby affirming the court's jurisdiction over the defendant.

Reasoning: The trial court found that Herman's complaint sufficiently established long-arm jurisdiction under Florida Statutes section 48.193 and that the service on JCB was valid, thereby granting the court jurisdiction over the appellant.

Single Transaction Establishing Jurisdiction

Application: The precedent supports that a single transaction conducted by an out-of-state defendant can suffice to establish jurisdiction in Florida.

Reasoning: The ruling was supported by precedent indicating that a single transaction by an out-of-state defendant can establish jurisdiction in Florida.