Summary
stating that "refusal to make contractually required payments caused foreseeable injuries in Florida . . . and does not offend due process"
Summary of this case from Baker Electronics, Inc. v. Pentar Systems, Inc.Opinion
No. 89-1105.
October 3, 1989.
Appeal from the Circuit Court, Dade County, Frederick N. Barad, J.
Kimbrell Hamann, and James F. Asher, Miami, for appellant.
Stearns Weaver Miller Weissler Alhadeff Sitterson, and Joy Christine Spillis, Miami, for appellees.
Before NESBITT, LEVY and GERSTEN, JJ.
Appellant's failure to perform acts required by the contract to be performed in Florida, constitutes a breach in Florida and is subject to long arm jurisdiction. Gilbert v. Herne, 544 So.2d 226 (Fla. 3d DCA 1989); Engineered Storage Systems, Inc. v. National Partitions Interiors, Inc., 415 So.2d 114 (Fla. 3d DCA 1982). Where refusal to make contractually required payments caused foreseeable injuries in Florida, exercise of personal jurisdiction pursuant to section 48.193(1)(g), Florida Statutes (1987), does not offend due process. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985); Pellerito Foods, Inc. v. American Conveyors Corporation, 542 So.2d 426 (Fla. 3d DCA 1989). We find appellant's other issue is without merit. Affirmed.