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McDougal v. Mizrahi

District Court of Appeal of Florida, Third District
May 31, 1994
636 So. 2d 138 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-236.

April 26, 1994. Rehearing Denied May 31, 1994.

Appeal from the Circuit Court, Dade County, Lawrence A. Schwartz, J.

Bienstock Clark and Terry S. Bienstock and Donna L. DeConna, Miami, Latham Watkins and Mary Rose Alexander and Ruth F. Masters, Chicago, IL, for appellants.

Lee H. Schillinger, Hollywood, for appellee.

Before SCHWARTZ, C.J., and BASKIN and LEVY, JJ.


In the absence of sufficient allegations in the complaint that the non-resident appellants did business or committed a tort in Florida as individuals, as opposed to their conduct as officers of a corporation, there is no basis for asserting Florida jurisdiction over them pursuant to any applicable statute. See Bloom v. A.H. Pond Co., 519 F. Supp. 1162 (S.D.Fla. 1981); Doe v. Thompson, 620 So.2d 1004 (Fla. 1993); American Credit Card Tel. Co. v. National Pay Tel. Corp., 504 So.2d 486 (Fla. 1st DCA 1987); A.B.L. Realty Corp. v. Cohl, 384 So.2d 1351 (Fla. 4th DCA 1980). Accordingly, the order below denying their motions to dismiss and quash purported service is reversed and the cause remanded for dismissal of the complaint as against them for lack of personal jurisdiction.


Summaries of

McDougal v. Mizrahi

District Court of Appeal of Florida, Third District
May 31, 1994
636 So. 2d 138 (Fla. Dist. Ct. App. 1994)
Case details for

McDougal v. Mizrahi

Case Details

Full title:BRUCE W. McDOUGAL AND LAWRENCE L. SANDERSON, AS LAST SURVIVING DIRECTORS…

Court:District Court of Appeal of Florida, Third District

Date published: May 31, 1994

Citations

636 So. 2d 138 (Fla. Dist. Ct. App. 1994)

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