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...

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...