FL Civ Pro

Question 1

What is personal jurisdiction and what question does it pertain to?

Answer 1

power over the parties
(not power over the case or their property; that’s different)

Are we in the right court?

Question 2

Process for determining if there’s PJ . . .

Answer 2

1. satisfy a statute (usually in MC form)

2. satisfy the constitution

Question 3

Florida statutory bases of in personam jurisdiction . . .

Answer 3

1. Defendant is present in Florida when served with process (“presence”) (but not coaxed or forced into FL and not if served while in FL as a party or witness in an unrelated lawsuit.
2. Defendant is domiciled in Florida.
3. Defendant is incorporated in Florida. Corporation is subject to general PJ in Florida courts.
4. “Substantial and not isolated activity in Florida”
5. Long-arm statute~- suing a nonresident of Florida. This is always specific
   jurisdiction - the claim arises from the D’s doing one of the following things in Florida:
   a. operating a business in FL (or having an office in FL)
   b. owning using or possessing land or holding a mongage or lien on Florida land.
   c. committing a tortious act in FL
   d. non resident commits a tortious act outside of FL that causes injury inside of FL as long as either (i) D engaged in solicitation or service activities in Florida OR
   (ii) Its products are used in Florida in the ordinary course of commerce.
   e. nonresident breaches a contract in FL
6. Nonresident Motorist Act

Question 4

Defendant is a Georgia resident served with process in a Florida lawsuit while in Tallahassee to attend a poetry reading. OK?

What if the suit relates to non-Florida activities?

Answer 4

a. Yes. B/c D was present in FL when served.

b. Ok. Presence supports general jurisdiction.

Question 5

What does it mean that presence supports general jurisdiction?

Answer 5

That means D can be sued in Florida on a claim arising anywhere in the
world.

Question 6

What is specific jurisdiction? How different than general jurisdiction?

Answer 6

a. Where the suit arises from the D’s contacts w/ the forum.

b. specific = arising out of contacts
vs.
general = can relate to non-FL activities (That means D can be sued in Florida on a claim arising anywhere in the
world.)

Question 7

What if D was coaxed or forced into state then served with process?

Answer 7

Cts. will not exercise PJ.

Question 8

D is served with process while in Florida to attend court as a party or witness in an unrelated law suit. Ok?

Answer 8

No. She is immune from service. (FL recognizes this ancient common law immunity)

Question 9

D is a Florida domiciliary and the suit (in Florida) involves a claim for damages suffered by P in an auto accident in Iceland. OK?

Answer 9

Yes. Domicile gives general PJ.

Question 10

Dunder-Mifllin Paper Co.. a PA corporation, has an office in Florida and engages in substantial interstate and intrastate business here. It is sued in Florida on a claim that arose in Iceland. OK?

Answer 10

Yes. Substantial and not isolated activity in Florida” gives general PJ.

NOTE: This is true for any D. (could be any human being or entity)

Question 11

Long-arm statute is which kind of jurisdiction?

Answer 11

specific

Question 12

In the long-arm statute the claim arises from . . .

Answer 12

a. operating a business in FL (or having an office in FL)
b. owning using or possessing land or holding a mongage or lien on Florida land.
c. committing a tortious act in FL
d. non resident commits a tortious act outside of FL that causes injury inside of FL as long as either (i) D engaged in solicitation or service activities in Florida OR
(ii) Its products are used in Florida in the ordinary course of commerce.
e. nonresident breaches a contract in FL

Question 13

D, a NV citizen, slugs P, a California citizen, while in the airport in Tampa. Could P sue D in Florida?

Answer 13

Yes b/c D committed a tortious act in FL

Question 14

One unusual way to commit a tortious act in FL . . .

Answer 14

A nonresident sends telephonic, electronic, or written communications into the state BUT IT IS IMPERATIVE that the tort cause of action arise from the communications.

Question 15

If a nonresident commits a tortious act outside Florida that causes an
injury inside Florida? PJ is OK if:

Answer 15

(1) D engaged in solicitation or service activities in Florida OR
(2) Its products are used in Florida in the ordinary course of commerce.

NOTE: We need this extra behavior b/c the tort was out of state.

Question 16

Chad, a citizen of Georgia, contracts with Anita to squeeze oranges for Anita in Florida. Chad refuses so to squeeze. May Anita sue Chad in Florida?

Answer 16

Yes. B/c he breached the contract in FL by failing to do what the contract required him to do in FL.

Question 17

What is the nonresident motorist act and what kind of jurisdiction does it relate to?

Answer 17

May sue a nonresident who owns or operates a motor vehicle, watercraft or aircraft (including one who navigates or maintains an aircraft) involved in an accident or collision in Florida. Specific jurisdiction.

Question 18

What is the constitutional standard for PJ?

Answer 18

International Shoe . . . Test: does defendant have “such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice.”

Question 19

What are the easy cases for the constitutional standard for PJ?

Answer 19

domicile, consent and presence

Question 20

What are the tougher cases for the constitutional standard for PJ and what is done?

Answer 20

Tougher cases are when D has lesser contact. Key is to hit the FACTORS:

1. contact
   a. must result from purposeful availment
   b. foreseeability that D would get sued in this forum
2. fairness
   a. relatedness between contact and claim filed
   b. convenience - D will complain about going to Florida to litigate. But the forum is OK unless it puts D at “a severe disadvantage” in defending the suit. Very difficult to show.
   c. state’s interest e.g., provide a forum for citizens.

Question 21

What is purposeful availment?

Answer 21

constitutional standard for PJ/contact

Means that D must reach out to the forum. E.g., maybe to make money, or to use roads, or to cause an effect, etc.

Question 22

What do we ask with regards to relatedness (constitutional standard for PJ/fairness) and effect?

Answer 22

constitutional standard for PJ/fairness

Ask: Does P’s claim arise from D’s contact with the forum? Ifso, that can make up for a small amount of contact. So …

Question 23

If D has a small amount of contact with the forum we need (constitutional standard for PJ) . . .

Answer 23

relatedness - the claim must arise from D’s contact with the forum.

Question 24

When is relatedness always met . . .

Answer 24

under the long arm and under the NMA

Question 25

When is relatedness not needed?

Answer 25

Relatedness is not needed ifthe contact with Florida is continuous or systematic, so that D is “essentially at home” in FL. In those cases, the court has general jurisdiction - can be sued here for a claim that arose anywhere in the world.

Question 26

Summary of constitutional tests chart . . .

Answer 26

“My Parents Frequently Forgot to Read Children’s’ Stories”

Minimum Contacts
__________
-purposeful avil
-foreseeability

Fair Play & Substantial Justice
\_\_\_\_\_\_\_\_\_\_\_
relatedness of c/a and forum
convenience
state interest

Question 27

What are in rem and quasi in rem jurisdiction?

Answer 27

Here the court exercises power not over the person, but over her property in Florida. Attachment statute allows court to seize property. The constitutional test is same as in in personam, so D must have contacts with the forum., etc. that satisfy lnremarional Shoe.

Question 28

What is subject matter jurisdiction?

Answer 28

power over the case

Question 29

How many circuit courts in FL?

Answer 29

20

Question 30

Circuit courts in FL have exclusive jurisdiction over what types of cases?

Answer 30

l. Probate and estate matters, guardianship, incompetence;
2. Cases involving juveniles (except traffic offenses);
3. Cases involving title or boundaries to realty;
4. Ejectment cases. EXCEPTION: Landlords evicting tenants
5. equity suits EXCEEDING $15,000 (15,000+.01)
6. actions at law EXCEEDING $15,000