CourtCases2010

The court found those activities sufficient for the

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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. [9][10][11][12] 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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