Posted January 5, 2010

Torts - Jurisdiction


Fifth DCA Rules That Email to Florida Residents Constitutes Sufficient Minimum Contacts To Support Personal Jurisdiction Over Out Of State Resident

Charley D. Price v. John F. Kronenberger,
35 Fla. L. Weekly D78a (Fla. 5th DCA, December 31, 2009)
Submitted by  Dorothy Venable DiFiore

Kronenberger, an Illinois resident, sent an email allegedly containing defamatory comments about fellow Korean War Veteran's Association member Price. Price was a Florida resident. The email was received by KWVA members throughout the country, some of whom lived in Florida. When Price sued Kronenberger in Orange County, Florida, the trial court dismissed for lack of personal jurisdiction. The Fifth DCA reversed (addressing only the jurisdictional question).

The Fifth District found that the allegations of the complaint clearly implicated Florida Statute §48.193(1)(b), the Florida long-arm statute that provides jurisdiction over a nonresident who commits a tortious act in the state of Florida. The court held that a complaint that alleges a nonresident committed a tortious act based on communications directed into Florida telephonically, electronically, or in writing sufficiently alleges personal jurisdiction under Florida Statute §48.193(1)(b). Price's complaint properly alleged personal jurisdiction when his complaint alleged Kronenberger sent the email to members of the KWVA, some of whom lived in Florida. The court held that sending an email to KWVA members who lived in Florida established minimum contacts with the state.

* * *

For more information on this topic, you may send an email to Dorothy Venable DiFiore at .