Gibbons v. Brown

716 So.2d 868 (Fl. Dist. Ct. App. 1998)

What's Going On?

Appellant seeks review of an order denying her motion to dismiss a complaint against her for failure to meet the requirements of the Florida long-arm statute in a personal injury action arising out of a car accident allegedly caused by Appellant's faulty directions.

Who's Who?

Appellant  :

Martine Gibbons – (original defendant)Texas resident and passenger in a car involved in an accident.

Appellee   :

Donna Brown – (original plaintiff) Florida resident and passenger in a car involved in an accident.

Facts:

Appellee Donna Brown, a Florida resident, and Appellant Martine Gibbons, a Texas resident, were passengers in a car driven by Mr. Brown in Canada when Ms. Gibbons directed Mr. Brown to turn onto and proceed in the wrong direction on a one-way road. Mr. Brown crashed head-on into another car on the one-way road, and both Appellee and Appellant were injured. Appellant Gibbons sued Mr. Brown in Florida to recover for her injuries, and two years later, Appellee Brown sued Appellant Gibbons in Florida to recover for her injuries. Appellee Brown argues that Appellant Gibbons subjected herself to the personal jurisdiction of the Florida court by bringing the prior lawsuit. Appellant Gibbons contests jurisdiction, arguing that her bringing of the prior lawsuit in Florida was inadequate to satisfy the requirements of Florida's long-arm statute.

Issue:

Does a nonresident defendant subject herself to personal jurisdiction in an out-of-state forum where her only connection with the forum is the initiation of a now-concluded lawsuit two years earlier against a defendant who is not named in the present suit?

Decision:

No. To obtain in personam jurisdiction over a nonresident defendant, the plaintiff must first allege sufficient jurisdictional facts to bring the defendant within the coverage of the long-arm statute. There must then be sufficient minimum contacts as required by due process. The requirements of the Florida long-arm statute for service of process are more extensive than the decisions of the Supreme Court require. As a general rule in Florida, a plaintiff subjects herself to the jurisdiction of the court by bringing an action, and to subsequent orders entered regarding the same subject matter of that action. In this case, Appellee was not a party in the earlier action, and two years separate the filing of the earlier action and the present action. Appellee Brown has not shown that Appellant Gibbons is engaged in any activity in Florida, as required by the Florida long-arm statute, other than defending the present suit. A current defendant's prior decision to bring suit in Florida should not make her forever subject to suit in Florida. Due to the length of time between the two actions and the fact that the prior suit named as the defendant a non-party to the present action, Appellee Brown has not alleged satisfactory grounds for jurisdiction. The trial court shall dismiss Appellee's complaint.

Basic Rule:

A nonresident defendant does not subject herself to personal jurisdiction in an out-of-state forum where her only connection with the forum is the initiation of a previously concluded lawsuit against a defendant who is not named in the present suit.

Terms:

Long-arm statute :

A statute that provides for a state's exercise of jurisdiction over nonresident defendants.

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