Florida District Courts of Appeal, 1990

JCB, Inc. v. Herman

Florida District Courts of Appeal · Decided May 15, 1990 · Cope, Ferguson, Gersten

562 So. 2d 754; 1990 Fla. App. LEXIS 3357; 1990 WL 62826 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Westwind Limousine, Inc. v. Shorter (Fla. Dist. Ct. App. 2006)
North Star International Seafood Co. v. Banner Beef & Seafood Co. (Fla. Dist. Ct. App. 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellee, Phillip Stuart Herman, sued appellant, JCB, Inc., for personal injuries allegedly sustained from a defective piece of machinery manufactured by appellant. Appellant sought dismissal based on a lack of personal jurisdiction and ineffective service of process. The trial court ruled that: (1) appellee’s complaint adequately and properly alleged a basis for long arm jurisdiction under section 48.193, Florida Statutes (1989); and (2) that the service effected on appellant gave the court jurisdiction over appellant. We affirm.

Depending upon the facts, a single transaction by an out-of-state defendant may be enough to exercise jurisdiction over him in Florida. Yale Industrial Products, Inc. v. Gulfstream Galvanizing & Finishing, Inc., 481 So.2d 1304 (Fla. 4th DCA 1986). “A manufacturer who sells a piece of machinery in Florida can hardly take the position that he could not reasonably anticipate being hailed into a Florida court_” A.J. *755Sackett and Sons Company v. Frey, 462 So.2d 98 (Fla. 2d DCA 1985).

Affirmed.

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