Summary
finding jurisdiction over an out-of-state defendant based upon the sale of a single piece of machinery to a Florida resident
Summary of this case from Westwind Limousine, Inc. v. ShorterOpinion
No. 90-27.
May 15, 1990. Rehearing Denied July 6, 1990.
Appeal from the Circuit Court, Dade County, John Gale, J.
Andrew J. Anthony, Coral Gables, and Daniel J. Lynott, for appellant.
Laurence D. Faye, Coral Gables, for appellee.
Before FERGUSON, COPE and GERSTEN, JJ.
Appellee, Phillip Stuart Herman, sued appellant, JCB, Inc., for personal injuries allegedly sustained from a defective piece of machinery manufactured by appellant. Appellant sought dismissal based on a lack of personal jurisdiction and ineffective service of process. The trial court ruled that: (1) appellee's complaint adequately and properly alleged a basis for long arm jurisdiction under section 48.193, Florida Statutes (1989); and (2) that the service effected on appellant gave the court jurisdiction over appellant. We affirm.
Depending upon the facts, a single transaction by an out-of-state defendant may be enough to exercise jurisdiction over him in Florida. Yale Industrial Products, Inc. v. Gulfstream Galvanizing Finishing, Inc., 481 So.2d 1304 (Fla. 4th DCA 1986). "A manufacturer who sells a piece of machinery in Florida can hardly take the position that he could not reasonably anticipate being hailed into a Florida court. . . ." A.J. Sackett and Sons Company v. Frey, 462 So.2d 98 (Fla. 2d DCA 1985).
Affirmed.