Summary
In New York Ladder Bracket Company v. Eadie et al., 125 So.2d 915 (Fla.App. 1961), the Court held that since the affidavits showed that the defendant shipped goods on open account in interstate commerce from New York to Florida when ordered from a Florida corporation, the mere act of shipping goods to a single customer who was not a broker, jobber, wholesaler or distributor did not subject that defendant to the jurisdiction of the courts of the State.
Summary of this case from Jenkins v. Fawcett Publications, Inc.Opinion
No. 60-569.
January 12, 1961.
Appeal from the Circuit Court, Dade County, George E. Holt, J.
Gotthardt, Christie Shepard, Miami, for appellant.
Carey, Goodman, Terry, Dwyer Austin, Sams, Anderson, Alper, Meadows Spencer and Ralph P. Ezzo, Miami, for appellees.
The issue upon this interlocutory appeal is whether the Newark Ladder Bracket Company, a New Jersey corporation, was shown to be "carrying on a business or business venture" in the State of Florida so that service of process under the provision of Section 47.16(2), Fla. Stat., F.S.A. was lawfully accomplished. The issue was properly raised by the New Jersey corporation upon motion to quash service of process, and from an adverse ruling this appeal was perfected.
This is a personal injury case and orders at common law relating to jurisdiction over the person may be reviewed by an interlocutory appeal. Rule 4.2(a) Florida Appellate Rules, Vol. 3 Fla. Stat. 1959, 31 F.S.A.
The trial judge had before him two affidavits, one filed by the New Jersey corporation in support of its motion and one filed by the cross-plaintiff, an appellee herein, in support of the service. No other evidence was offered or considered. A careful examination of the affidavits, in the light most favorable to the conclusion reached by the trial judge, reveals only that the New Jersey corporation shipped goods in interstate commerce from New Jersey to Florida when ordered by the American Ladder Scaffold Company, Inc., a Florida corporation. The affidavits further establish that the goods were shipped upon open account.
The mere act of shipping goods to a single customer, who is not a broker, jobber, wholesaler or distributor, from a point outside the state does not subject one to the jurisdiction of the courts of the state.
Chap. 57-747, Laws of Florida 1957; Section 47.16(2), Fla. Stat., F.S.A.
Hurley v. Wells-Newton Nat. Corporation, D.C.D.Conn. 1931, 49 F.2d 914, 919; cf. Mueller v. Steelcase, Inc., D.C.D. Minn. 1959, 172 F. Supp. 416. See also cases cited in 20 C.J.S. Corporations § 1920, pp. 165, 166.
Reversed.
HORTON, C.J., and PEARSON and CARROLL, CHAS., JJ., concur.