Summary
In Professional Patient Transportation, Inc. v. Fink, 365 So.2d 209 (Fla. App. 1978), the Court of Appeals reaffirmed its Madax decision and applied it in a situation where the services to be performed by the Florida plaintiff were outside the State of Florida.
Summary of this case from Feldman v. Magnetix Corp.Opinion
No. 78-1652.
December 12, 1978.
Appeal from the Circuit Court, Dade County, Harold R. Vann, J.
David S. Wieder, Miami, for appellant.
Schwartz, Klein Steinhardt and Norman S. Klein, North Miami Beach, for appellees.
Before PEARSON, HUBBART and SCHWARTZ, JJ.
The trial judge quashed the service of process attempted upon the nonresident defendants, under the Florida long-arm statute, notwithstanding the allegation in the complaint that they had breached their agreement to make payment in the State of Florida for services rendered to them by the plaintiff outside the state. As the court held in the controlling case of Madax International Corp. v. Delcher Intercontinental Moving Services, Inc., 342 So.2d 1082 (Fla. 2d DCA 1977), this breach, which amounted to the defendants' "failure to perform acts required by the contract to be performed in this state," under Fla. Stat. § 48.193(1)(g), (1975), was sufficient to confer Florida jurisdiction over the defendants. The order under review is therefore reversed and the cause remanded for further consistent proceedings.
Reversed and remanded.