McLean Fin. Corp. v. Winslow Loudermilk Corp., 509 So. 2d 1373 (Fla. 5th DCA 1987). · Go Syfert
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McLean Fin. Corp. v. Winslow Loudermilk Corp., 509 So. 2d 1373 (Fla. 5th DCA 1987). Cases Citing This Book View Copy Cite
23 citation events (5 in the last 25 years) across 5 distinct courts.
Strongest positive: Greentree Financial Group, Inc. v. Long Fortune Valley Tourism (flsd, 2011-05-11)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) Greentree Financial Group, Inc. v. Long Fortune Valley Tourism
S.D. Fla. · 2011 · confidence medium
Corp. v. Winslow Loudermilk Corp., 509 So.2d 1373, 1374 (Fla. 5th DCA 1987).
cited Cited as authority (rule) Exhibit Icons, LLC v. XP COMPANIES, LLC
S.D. Fla. · 2009 · confidence medium
McLean, 509 So.2d 1373, 1374 (Fla.Dist.Ct.App.1987).
discussed Cited as authority (rule) Wendt v. Horowitz
Fla. · 2002 · confidence medium
For example, in McLean Financial Corp. v. Winslow Loudermilk Corp., 509 So.2d 1373, 1374 (Fla. 5th DCA 1987), the Fifth District held that making fraudulent representations in Virginia by telephone to a Florida resident was insufficient to establish jurisdiction under section 48.193(1)(b).
discussed Cited as authority (rule) Horowitz v. Laske
Fla. Dist. Ct. App. · 1999 · confidence medium
See Thompson v. Doe, 596 So.2d 1178, 1180-81 (Fla. 5th DCA 1992), affirmed on other grounds 620 So.2d 1004 (Fla.1993); McLean Financial Corp. v. Winslow Loudermilk Corp., 509 So.2d 1373, 1374 (Fla. 5th DCA 1987)(citing Freedom Savings and Loan Ass'n v. Ormandy & Associates, Inc., 479 So.2d 316 (Fla. 5th DCA 1985)); April Industries, Inc. v. Levy, 411 So.2d 303 (Fla. 3d DCA 1982).
discussed Cited as authority (rule) Posner v. Essex Insurance Company
11th Cir. · 1999 · confidence medium
Corp. v. Winslow Loudermilk Corp., 509 So. 2d 1373, 1374 (Fla. 5th Dist.
discussed Cited as authority (rule) Hobbs v. Don Mealey Chevrolet, Inc.
Fla. Dist. Ct. App. · 1994 · confidence medium
See Woods v. Jorgensen, 522 So.2d 935, 936 (Fla. 1st DCA 1988); McLean Financial Corp. v. Winslow Loudermilk Corp., 509 So.2d 1373, 1374 (Fla. 5th DCA 1987); Mac Millan-Bloedel, Ltd. v. Canada, 391 So.2d 749, 751 (Fla. 5th DCA 1980).
discussed Cited as authority (rule) Thompson v. Doe
Fla. Dist. Ct. App. · 1992 · confidence medium
McLean Financial Corporation v. Winslow Loudermilk Corporation, 509 So.2d 1373, 1374 (Fla. 5th DCA 1987) (false statements made via telephone from another state to a person in Florida does not constitute the commission of a tortious act in Florida); Freedom Savings & Loan Association v. Ormandy & Associates, Inc., 479 So.2d 316, 317 (Fla. 5th DCA 1985) (in an action for tortious interference with contract where the only tortious act was the revocation of a letter of credit in Pennsylvania, no part of the tortious act was committed in Florida and Florida court was without jurisdiction).
cited Cited "see" Zaza, Inc. v. Roberts
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See McLean Financial Corp. v. Winslow Loudermilk Corporation, 509 So.2d 1373 (Fla. 5th DCA 1987).
discussed Cited "see" Musiker v. Projectavision, Inc.
S.D. Fla. · 1997 · signal: see · confidence high
See McLean Financial Corp. v. Winslow Loudermilk Corp., 509 So.2d 1373, 1374 (Fla. 5th DCA 1987) (finding that alleged misrepresentations during loan commitment negotiations made in telephone conversations between plaintiffs in Florida and defendants in Virginia were not committed in Florida).
Retrieving the full opinion text from the archive…
McLEAN FINANCIAL CORPORATION, et al., Appellants,
v.
WINSLOW LOUDERMILK CORPORATION, Etc., et al., Appellees.
87-204.
District Court of Appeal of Florida, Fifth District.
Jul 23, 1987.
509 So. 2d 1373
Cowart.
Cited by 19 opinions  |  Published

[*1374] John A. Reed, Jr., and Terry C. Young of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for appellants.

Douglas C. Spears of Smathers, Pleus, Adams, Fassett & Divine, P.A., Orlando, for appellees.

COWART, Judge.

In McLean Savings and Loan Association v. Winslow Loudermilk Corporation, 469 So.2d 217 (Fla. 5th DCA 1985), this court affirmed the trial court's finding that McLean Savings and Loan was engaged in a course of business in Florida providing permanent loan financing and was subject to long arm jurisdiction under Section 48.193(1)(a), Florida Statutes. After that holding the plaintiffs in that case (appellees herein) amended its complaint to add as parties defendant, appellants, McLean Financial Corporation, a subsidiary of McLean Savings and Loan, and appellant, Frank Howard, an officer of both corporations. In final essence, the complaint against these appellants alleges misrepresentations during loan commitment negotiations made in telephone conversations between plaintiffs in Florida and appellants in Virginia. Appellants questioned the validity of long arm jurisdiction over them. The trial court denied appellants' motions to dismiss, to quash, and to abate the complaint against them for lack of jurisdiction and they appealed. We reverse.

We find that the plaintiffs, when challenged, failed to substantiate the jurisdictional allegations against appellants in the complaint. First, appellants, as distinguished from McLean Savings and Loan Association, were not "doing business" within the State of Florida under Section 48.193(1)(a), Florida Statutes. Second, the "tortious act" alleged, being the making of fraudulent representations in Virginia, by telephone, was not committed in the State of Florida as required by Section 48.193(1)(b), Florida Statutes. See Freedom Savings and Loan Association v. Ormandy & Associates, Inc., 479 So.2d 316 (Fla. 5th DCA 1985); April Industries, Inc. v. Levy, 411 So.2d 303 (Fla. 3d DCA 1982). Finally, Section 48.193(1)(f), Florida Statutes, which concerns an injury within the State of Florida arising out of an act or omission occurring outside Florida, does not apply because that statute requires, and the facts in this case do not show, physical injury to occur to persons or property within Florida, as distinguished from financial injury. See Aetna Life & Casualty Co. v. Therm-O-Disc, Inc., 488 So.2d 83 (Fla. 1st DCA 1986).

Accordingly, we reverse the order finding personal jurisdiction over appellants under[*1375] the Florida long arm statute and remand with instructions to dismiss the complaint as to appellants.

REVERSED and REMANDED.

UPCHURCH, C.J., and DAUKSCH, J., concur.