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American Hoist Derrick Co. v. Duran

District Court of Appeal of Florida, Third District
Jul 9, 1984
451 So. 2d 895 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-122.

May 29, 1984. Rehearing Denied July 9, 1984.

Appeal from the Circuit Court, Dade County, Francis X. Knuck, J.

Blackwell, Walker, Gray, Powers, Flick Hoehl and Diane H. Tutt, Miami, for appellant.

Greene Cooper, Joan M. Bolotin and Robyn Greene, Miami, Haggard Kirkland, Coral Gables, for appellees.

Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.


American Hoist and Derrick Co., Inc. (Amhoist), a nonresident manufacturer and seller, shipped to its exclusive Florida distributor a crane which was sold to a Florida operator. The use of the crane resulted in the death of Jose Duran-Perez. His personal representative and others instituted this action based on breach of warranty, negligence, and strict product liability against Amhoist and two co-defendants. In answers to interrogatories, Amhoist admitted that during the relevant periods it "may have" advertised its products in publications circulated in Florida, supplied sales materials to its exclusive distributor and other direct accounts in Florida, and sent agents into the state to perform services for its exclusive distributor. On these facts the trial court properly denied appellant's motion to quash service of process and to dismiss the cause for lack of jurisdiction over the person. See Richard Bertram Co. v. American Marine, Ltd., 258 So.2d 335 (Fla. 3d DCA 1972); § 48.181, Fla. Stat. (1983); see also Kravitz v. Gebrueder Pletscher Druckgusswaremfabrik, 442 So.2d 985 (Fla. 3d DCA 1983).

Affirmed.


Summaries of

American Hoist Derrick Co. v. Duran

District Court of Appeal of Florida, Third District
Jul 9, 1984
451 So. 2d 895 (Fla. Dist. Ct. App. 1984)
Case details for

American Hoist Derrick Co. v. Duran

Case Details

Full title:AMERICAN HOIST AND DERRICK COMPANY, INC., A FOREIGN CORPORATION…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 9, 1984

Citations

451 So. 2d 895 (Fla. Dist. Ct. App. 1984)

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