Florida District Courts of Appeal, 1987

Cushman & Wakefield of Pennsylvania, Inc. v. Savings Federal Savings & Loan Ass'n

Cushman & Wakefield of Pennsylvania, Inc. v. Savings Federal Savings & Loan Ass'n
Florida District Courts of Appeal · Decided December 2, 1987 · Frank, Ryder, Scheb
519 So. 2d 25; 12 Fla. L. Weekly 2764; 1987 Fla. App. LEXIS 11309; 1987 WL 2138 (Southern Reporter, Second Series)

Cushman & Wakefield of Pennsylvania, Inc. v. Savings Federal Savings & Loan Ass'n

Opinion of the Court

SCHEB, Acting Chief Judge.

Appellant Cushman and Wakefield of Pennsylvania, Inc. (Cushman), challenges a nonfinal order denying its motion to dismiss appellee Savers Federal Savings and Loan Association’s complaint pursuant to Florida Rule of Civil Procedure 1.140(b)(2). The trial court determined that it could exercise personal jurisdiction over Cush-man, basing its ruling solely on section 48.193(l)(f), Florida Statutes (1985), since it found Cushman was engaged in service activities in this state.

In Aetna Life and Casualty Co. v. Therm-O-Disc, Inc., 511 So.2d 992 (Fla. 1987), the Florida Supreme Court held that there is no personal jurisdiction under section 48.193(l)(f) arising out of an act committed outside this state where the complained of act caused financial injury within the state but caused no personal injury or physical property damage within the state. Aetna was decided subsequent to the trial judge’s order in this case, and it compels reversal of the trial court’s order. Therefore we do not reach the merits of Cush-man’s argument regarding whether or not it had minimum contacts with the State of Florida.

Reversed.

RYDER and FRANK, JJ., concur.

070rehearing

ON MOTION FOR REHEARING OR CLARIFICATION

PER CURIAM.

Appellee Savers seeks to have our December 2,1987, opinion clarified to indicate *26that we were not ruling that jurisdiction was improper over appellant under each and every provision of Florida’s long-arm statute. As stated in our opinion, the trial court's order denying appellant's motion to dismiss appellee's third party complaint could not be based on section 48.193(l)(f), Florida Statutes (1985).

As pointed out in our opinion, the trial judge ruled solely on the basis of section 48.193(l)(f). Therefore, appellee is not barred from seeking a ruling from the trial court concerning such other subsections of the long-arm statute which it previously argued were applicable.

Except as clarified herein, appellee’s motion for rehearing is denied.

SCHEB, A.C.J., and RYDER and FRANK, JJ., concur.

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