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Unformatted text preview: jurisdiction per se, Harris v. Shuttleworth and Ingersoll, P.C., 831 So.2d
706, 708 (Fla. 4th DCA 2002), this case appears to involve more than simply
communicating or transferring documents.
 While a close question, the trial court did not err in finding that Hatfield
had the requisite minimum contacts with Florida to satisfy due process considerations. In
analyzing whether a non-resident has the requisite minimum contacts with a forum state
to justify personal jurisdiction, courts should determine whether the non-resident's
"conduct and connection with the forum State are such that he should reasonably
anticipate being haled into court there." World-Wide Volkswagen Corp., 444 U.S. at 297,
100 S.Ct. 559. In determining whether a non-resident satisfies the minimum contacts test,
courts should consider such factors as the *1243 course of dealing between the parties
and the contractual obligations of the parties. See Burger King Corp. v. Rudzewicz, 471
U.S. 462, 479, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985). If the defendant's activities meet
the requirements of section 48.193(2), minimum contacts also are satisfied. Woods v.
Nova Cos. Belize, Ltd., 739 So.2d 617, 620 (Fla. 4th DCA 1999). "Substantial and not
isolated activity," as used in section 48.193(2), has been found to mean "continuous and
systematic general business contact" with Florida. Id. Although a forum selection clause,
designating Florida as the forum, cannot operate as the sole basis for Florida to exercise
personal jurisdiction over an objecting non-resident defendant, McRae v. J.D./M.D., Inc.,
511 So.2d 540, 542 (Fla.1987), such a clause may be considered as a factor that weighs in
favor of exercising personal jurisdiction over a nonresident defendant where other
grounds exist to exercise such jurisdiction. See Global Satellite Commc'n Co. v. Sudline,
849 So.2d 466, 469 (Fla. 4th DCA 2003) ("when jurisdiction is based on the breach of a
contract in Florida coupled with...
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- Spring '08