Third DCA Case: Dismissal for Lack of Personal Jurisdiction

Uncategorized • Jun 10, 2015

South Florida is an international community and it is not uncommon for nationals of other countries to reside here or in the alternative that some of us may stay for long periods of time out of the country. Did you know that you might be limited in suits against foreign nationals with limited ties to Florida in your West Palm Beach tortious interference case? Take a look at this recent case out of the Third District Court of Appeal that centers on lack of personal jurisdiction.

Personal Jurisdiction

In order to bring suit against an individual in West Palm Beach Florida you are going to have to show that the Defendant(s) have ties sufficient to Florida so that a suit would be proper.
West Palm Beach courts called this personal jurisdiction.
Do you know what minimum contacts are sufficient to grant personal jurisdiction?
The answer may surprise you.
For example executing a contract in Florida, or even one that is to be performed in Florida may be enough.
Also availing to the forum temporarily like vacationing here may be enough.
These isolated contacts may be enough to form specific personal jurisdiction that will allow you to sue a party for acts they caused during their contacts with the forum state.
But what if you want to sue them about tortious interference with a will when the actions were not within in Florida?
May a relative converted your family’s vacation home in Spain, what do you do?
To sue in Florida for that in a West Palm Beach civil court you will need general personal jurisdiction.
That means that the person’s ties are so frequent and constant that they would feel at home in a Florida court.
Do you know how to prove that?
Experienced West Palm Beach probate litigators know that personal jurisdiction is not usually as big of a deal as it may appear but that a lack of personal jurisdiction could be fatal to a case.
Take a look at this case out of the Third District Court of Appeal.

Kingland Estates et. Al. v. Davis et. Al.

Several defendants from Barbados appealed an adverse finding that they were subject to personal jurisdiction in Miami Dade Florida.
The court on appeal said that personal jurisdiction could not be established and thus they would be dismissed from suit.

Want to learn more about personal jurisdiction?

Check out the entire case by clicking here.