Flashcards in Florida Civil Procedure Deck (281)
What are the 5 major topics in Civil Procedure?
1. Right court?
2. Learning about the case
3. Complex cases
5. Appellate Review
Personal jurisdiction is power over the _____.
Whether there is PJ is a 2 step processs. You must satisfy a _____ and the _____.
1. Satisfy a statute
2. satisfy the constitution
What are the Florida statutory bases of in personam jurisdiction?
1. Presence: D is present in Florida when served with process.
2. D is domicied in Florida.
3. D is incorporated in Florida
4. Substantial, non-isolated activity in FL
5. Long -arm statute
6. Nonresident Motorist Act (NMA)
D is a Georgia resident served with process in a Florida lawsuit while in Tallahassee to attend a poetry reading. Personal Jx?
Yes because D was present in FL When served.
Does presence as a method of gaining personal jurisdiciton lead to general or specific jx?
What is general jurisdiction?
D can be sued in Florida on a claim arising anywhere in the world.
(specifc = suit arises from the D's contacts with the forum)
What is specific jurisdiction?
Where the suit arises from the D's contacts with the forum.
If D was coaxed or forced into the state and then served with process - PJ?
No, Florida courts will not exercise PJ in this circumstance.
D is served with process whie in FL to attend as party or witness in an unrelated lawsuit. OK for PJ?
No - immune from service in this circumstance.
D is a Florida domiciliary and the suit (in Florida) involves a claim for damages sufferd by plaintiff in an auto accident in Iceland. PJ?
Yes - domicile gives general jurisdiction.
Dunder Mifflin Co., a Pennsylvania corporation, has an office in FL and engages in substantial interstate and intrastate business here. It is sued in FL on a claim that arose in Iceland. PJ?
Yes. Substantial and not isolated activity in FL gives general PJ.
T/F: Substantial and not isolated activity in FL gives general PJ for corporations and natural persons?
What are the four ways to get general personal jurisdiction in Florida?
1. D is present in FL when served with process.
2. D is domiciled in FL.
3. D is incorporated in FL
4. D has substantial and not isolated activity in florida
What are the two ways to get specific jx. in FL?
1. through long-arm statutes
2. through nonresident motorist act
When suing a nonresident of Florida and using a long arm statute, the claim arising from the D doing one of the following things in FL:
1. operating a business in FL (or having an office in FL
2. owning, using, or possessing land or holding a mortgage or lien on FL land
3. committing a tortious act in FL
4. commit tort outside FL causing injury in FL if extra behavior test is met
5. breaching contract in FL (failing to do what the k req'd him to do in FL
D, a NV citizen, slugs P, a california citizen, while in the airport in Tampa. Can P sue D in Florida?
Yes because D committed a tortious act in FL.
Can a nonresident commit a tortious act in FL by sending telephonic, electronic, or written communications into the state.
Yup, but it is imperative that the tort cause of action arise from the communications.
If a nonresident commits a tortious act outside Florida that causes an injury Florida. PJ is ok if:
1. D engaged in solicitation or service activities in FL OR
2. Its products are used in FL in the ordinary course of commerce.
Chad (GA) contracts with Anita to squeeze oranges for Anita in Florida. Chad refuses to squeeze. Can Anity sue Chad in FL? Why?
Yes because he breached the contract in FL by failing to do wthat the K required him to do in FL.
What is the nonresident motorist act?
Allows to sue a nonresident who owns or operates a motor vehicle, watercraft or aircraft (including one who navigates or maintains an aircraft) involved in an accident or collision in FL.
Grants specific jurisdiction.
What is the constitutional test for personal jx?
Does the D have such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice.
Fair Play & substantial justice:
relatedness of c/a and forum
What are the factors to be evaluated when determining PJ under the constitutional test?
purposeful availment (reach out to forum)
forseeability (to be sued in this forum)
Fair Play & substantial justice:
relatedness of c/a and forum
Must you always show relatedness in constitutional analysis of personal jurisdiction?
No, contact and relatedness work together. If D has a small amount of contact with the forum, then relatedness becomes really important and the claim must arise from D's contact with the forum. If the contact with Florida is continuous and systematic, so that D is essentially at home in FL, then the Ct has general jurisdiction and D can be sued here for a claim that arose anywhere in the world.
In evaluating convenice in re to personal jurisdiction ask _______.
whether the forum puts D at a severe disadvantage in defending the suit. If not, then ok. Very hard to show.
What is in rem and quasi in rem jurisdiction?
Court exercises power over the person's PROPERTY in Florida, not the person. Attachment statute allows the court to seize property. The constitutional test is the same as in in personam, so D must have contacts with the forum, etc. that satisfy International Shoe.
Subject matter jurisdiction is power over the ____.
FL is divided geographically into 20 circuits. They have exclusive state court SMJ over what types of cases?
1. probate and estate matters, guardianship, incompetence
2. cases involving juveniles (except traffic offenses)
3. cases involving title or boundaries to realty
4. ejectment cases **EXCEPT landlords evicting tenants.
5. equity suits exceeding $15,000 (not equal to)
6. actions at law exceeding $15,000
What types of civil cases go to county court?
1. actions at law not exceeding $15,000 unless otherwise vested exclusively in Circuit Court. EXCLUSIVE.
2. equity cases not exceeding $15,000 (NOT EXCLUSIVE)
3. disputes in homeowners' associations
4. landlords evicting tenants. If teh eviction case involves $15,000 or less it MUST go to county court. If more than $15,000, it can go to either county or circuit court.