Personal Jurisdiction’s Two Prong Inquiry

If you are suing a nonresident defendant, i.e., you are NOT located in Florida, this two-step inquiry to determine whether Florida courts have personal jurisdiction over you--the nonresident defendant--is important: Florida courts conduct a two-step inquiry to determine whether a court has personal jurisdiction over a nonresident defendant. First, it must be determined that the complaint alleges sufficient jurisdictional facts to bring the action within the ambit of the statute; and if it does, the next inquiry is whether sufficient “minimum contacts” are demonstrated to satisfy due process requirements. The first prong -- i.e., the statutory prong -- … is governed by Florida's...

13 December

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PLEAD SUFFICIENT ALLEGATIONS SUPPORTING PERSONAL JURISDICTION

Posted by David Adelstein

in Trial Perspectives

Remember when drafting a complaint, jurisdictional allegations are important. This is especially true if you are suing a defendant located outside of Florida. Jurisdictional allegations should be plead with detail supporting the factual basis for personal jurisdiction. There should be a consideration that a nonresident defendant may challenge personal jurisdiction and the very FIRST STEP in a court’s analysis in determining personal jurisdiction “is to determine whether the complaint alleges sufficient jurisdictional facts to bring the action within the ambit of Florida’s long-arm statute, section 48.193, Florida Statutes.” Williamson v. Prime Sports Marketing, LLC, 45 Fla.L.Weekly D268a (Fla. 3d DCA 2020). ...

06 September

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Personal Jurisdiction and Florida Court’s Two-Prong Analysis

Posted by David Adelstein

in Trial Perspectives

When a defendant is sued, a court needs to have personal jurisdiction over that party. It is a due process consideration to ensure the court has authority over that party. A court’s ruling as to personal jurisdiction over a party will give a right to an immediate appeal. The issue of personal jurisdiction is generally confronted when the defendant is a foreign person or company, i.e., not operating in Florida, being sued in Florida. Making the decision to sue a foreign person or company in Florida needs to consider personal jurisdiction including the appellate right associated with a court's ruling on...