C & D Plastics, Inc. v. Lund

Florida District Courts of Appeal
C & D Plastics, Inc. v. Lund, 577 So. 2d 986 (1991)
1991 Fla. App. LEXIS 2927; 1991 WL 44987
Anstead, Glickstein, Gunther

C & D Plastics, Inc. v. Lund

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

I would affirm. I do not believe this case can be meaningfully distinguished from our decision in Louis Winer Co. v. San Francisco Mercantile Co., 501 So.2d 171 (Fla. 4th DCA 1987), and other cases cited therein.

Opinion of the Court

PER CURIAM.

Appellant raises two meritorious points in this appeal from the trial court’s denial of its motion to dismiss based on the absence of jurisdiction over it. Accordingly, we reverse.

Barbara Lund, a flight attendant with Delta Airlines, Inc., and her husband filed a seven count suit against appellant and other defendants for injuries she received while attempting to release a food service cart from its holders.

Appellant is a California corporation which manufactures food service carts and sells them to Delta by sending the carts F.O.B. from its warehouse in California. It never sold or delivered any of its products to Delta in Florida.

Appellant’s advertisements were placed in the World Aviation Directory, but appel-lees submitted no evidence of the directory’s circulation in Florida nor of any business generated in Florida from the directory-

The record, in our view, requires reversal under the two-part test to determine whether an out-of-state defendant is subject to in personam jurisdiction in Florida. See Venetian Salami Co. v. Parthenais, 554 So.2d 499 (Fla. 1989).

GLICKSTEIN and GUNTHER, JJ„ concur. ANSTEAD, J., dissents with opinion. .

Reference

Full Case Name
C & D PLASTICS, INC. v. Barbara LUND and Gary Lund, her husband
Cited By
1 case
Status
Published