CourtCases2010

Burton v powell 547 so2d 330 332 fla 5th dca 1989 this

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Unformatted text preview: de secrets in violation of the Florida Uniform Trade Secrets Act. AutoNation had employed Whitlock at a Florida dealership for six months in 1998 before transferring him to a Georgia dealership, where he worked until 2003, when he resigned from AutoNation to take a job with a non-AutoNation dealership in Texas. In denying Whitlock's motion to dismiss for lack of personal jurisdiction, the court found that Whitlock had engaged in the necessary continuous and systematic business activities with Florida to satisfy section 48.193(2). The court commented that, while Whitlock worked in Georgia between 1998 and 2003, he personally attended six AutoNation dealer meetings in Florida which occurred almost annually. The record also established that, during the same time period, Whitlock had ongoing business contacts with AutoNation in Florida regarding his work, including (1) communications regarding customer complaints, (2) the transmission of business information in the form of general field bulletins, books, posters, notices, peer performance reports, and monthly operating review sheets, and (3) the transmission of AutoNation's business systems and policies, which Whitlock was supposed to execute. The court found those activities sufficient for the court to exercise personal jurisdiction over Whitlock. In making that finding, the court noted that it was Whitlock's activities considered collectively and over the five-year period between 1998 and 2003, as opposed to any single activity alone, that established personal jurisdiction. In addition to the contacts described above, the court observed that the restrictive covenants and confidentiality agreement at issue in the case contained a forum selection clause in which Whitlock waived any objection to personal jurisdiction in Florida. The facts here are very similar to those in Nordmark and Whitlock. The record in this case establishes that Hatfield personally attended three of AutoNation's annual meetings in Florida, and had ongoing business contacts with AutoNation in Florida regarding his work. Like Whitlock, Hatfield's "Confidentiality, No-Solicitation/No *1245 H...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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