Brooke v. Totaltape, Inc.
Brooke v. Totaltape, Inc.
Opinion of the Court
We affirm summary judgment in favor of Totaltape, Inc. (Totaltape) against Accountants Professional Scholastics, Inc. (APSI). On the other hand, we determine that Totaltape’s amended complaint against appellant Leonard Brooke failed to allege sufficient facts so as to subject him to the jurisdiction of Florida courts under section 48.193,' Florida Statutes (1997). We therefore reverse the summary judgment entered against Leonard Brooke.
Totaltape filed suit against Mark Brooke, a former employee, and Profes
Leonard Brooke contends there is no allegation in the complaint that he has committed any actionable conduct within the state of Florida or that he otherwise has contacts with the state which would subject him to the jurisdiction- of Florida courts. We agree. See § 48.193, Fla. Stat. (1997); Sunrise Assisted Living, Inc. v. Ward, 719 So.2d 1218 (Fla. 2d DCA 1998); Koch v. Kimball, 710 So.2d 5 (Fla. 2d DCA 1998); Texas Guaranteed Student Loan Corp. v. Ward, 696 So.2d 930 (Fla.2d DCA 1997); Kennedy v. Reed, 533 So.2d 1200 (Fla. 2d DCA 1988); Phillips v. Orange Co., Inc., 522 So.2d 64 (Fla. 2d DCA 1988).
We reverse the summary judgment against Leonard Brooke and the order denying his motion to dismiss the^amended complaint against him. Furthermore, we remand for entry of an order granting Leonard Brooke’s motion for dismissal of him as a party defendant, with leave for Totaltape to amend its pleading. We affirm summary judgment against APSI.
Affirmed m part, reversed m part, and remanded with directions.
Reference
- Full Case Name
- Leonard BROOKE and Accountants Professional Scholastics, Inc. v. TOTALTAPE, INC., a Florida corporation
- Cited By
- 2 cases
- Status
- Published