Gibbons v. Brown

Gibbons v. Brown - (Is this true considering the long-arm...

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Civil Procedure 10/14/08 Long-Arm Statutes Gibbons v. Brown, Fla. Dist. Ct. App., 1998 Facts : Gibbons was driving with Mr. and Mrs. Brown in Canada. Gibbons was giving directions while Mr. Brown drove. The car turned the wrong way onto a one-way street, resulting in a head on collision. Gibbons (Texas) sued Mr. Brown (Florida) in Florida alleging his negligent driving caused the accident. This was her only contact with Florida. Two years later, Mrs. Brown, seeking to recover for her own injuries, sued Gibbons in Florida. Mrs. Brown alleges that Gibbons subjected herself to the personal jurisdiction of the Florida court by bringing the prior lawsuit. Procedure : Issue : Holding : Rule : Class Notes : If Mrs. Brown served Gibbons while she was visiting Florida, there would be jurisdiction.
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Unformatted text preview: (Is this true, considering the long-arm statute?) (1) plaintiff must allege sufficient jurisdictional facts to bring the defendant within the coverage of the long-arm statute; (2) whether sufficient “minimum contacts” are shown to comply with the requirements of due process. “is engaged” language of the statute decides case for Gibbons; Due Process? No. The claim doesn’t arise out of minimum contacts with the state. Gibbons’ minimum contacts weren’t the car accident. What about MS Long-arm statute: (3) hiring a lawyer to represent you might constitute doing business in the state. However, this is probably a loser argument....
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