PK Computers, Inc. v. Indep. Travel Agencies of Am., Inc., 656 So. 2d 254 (Fla. 4th DCA 1995). · Go Syfert
PK Computers, Inc. v. Indep. Travel Agencies of Am., Inc., 656 So. 2d 254 (Fla. 4th DCA 1995). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 3 distinct courts.
Strongest positive: John Day v. Varun Datta, et al. (flsd, 2026-02-02)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) John Day v. Varun Datta, et al.
S.D. Fla. · 2026 · confidence medium
Travel Agencies of Am., Inc., 656 So. 2d 254, 255 (Fla. 4th DCA 1995) (holding a complaint is not legally sufficient to allege personal jurisdiction based on tortious acts when the complaint fails to 4 Once again, because Plaintiff cites section 48.193(1)(a)(2) as a basis for jurisdiction over Datta, the Court must first address the question of whether the allegations in the Second Amended Complaint state a cause of action.
cited Cited as authority (rule) Janet Thorpe, as Personal Respresentative of the Estate of Jennifer Palmer v. Memorial Sloan-Kettering Cancer Center, Sam Sunghyun Yoon, M. D., and Sinchun Hwang, M. D.
Fla. Dist. Ct. App. · 2025 · confidence medium
Travel Agencies of Am., Inc., 656 So. 2d 254, 255 (Fla. 4th DCA 1995) (internal quotations omitted))).
cited Cited as authority (rule) LEVEL 8 MANAGEMENT, INC., PIERRE ACCOUNTING, P. C. v. WILDFLOWER LEGACY AND WEALTH PLANNING, LLC
Fla. Dist. Ct. App. · 2024 · confidence medium
Travel Agencies of Am., Inc., 656 So. 2d 254, 255 (Fla. 4th DCA 1995))).
discussed Cited as authority (rule) The CJS Solutions Group, LLC v. Tokarz
M.D. Fla. · 2021 · confidence medium
Travel Agencies of Am., Inc., 656 So. 2d 254, 255 (Fla. 4th DCA 1995), Hunt v. Cornerstone Golf, Inc., 949 So. 2d 228, 230 (Fla. 4th DCA 2007), and Don King Productions v. Mosley, No. 15–61717–CV–WILLIAMS, 2016 WL 3950930 , at *4 (S.D.
cited Cited as authority (rule) MARION KAMINSKY, Individually and as Trustee, etc. v. JEFFREY HECHT and MONICA HECHT, etc.
Fla. Dist. Ct. App. · 2019 · confidence medium
Travel Agencies of Am., Inc., 656 So. 2d 254, 255 (Fla. 4th DCA 1995).
discussed Cited as authority (rule) Stonepeak Partners, LP v. Tall Tower Capital, LLC
Fla. Dist. Ct. App. · 2017 · confidence medium
Travel Agencies of Am., Inc., 656 So. 2d 254, 255 (Fla. 4th DCA 1995) (stating that the complaint contained insufficient allegations of tortious interference committed in Florida when the complaint alleged that the defendant made oral statements or misstatements but did not allege that the statements were made in Florida or were directed at listeners in Florida).
cited Cited as authority (rule) Rautenberg v. Falz
Fla. Dist. Ct. App. · 2016 · confidence medium
Travel Agencies of Am., Inc., 656 So.2d 254, 255 (Fla. 4th DCA 1995).
discussed Cited as authority (rule) TracFone Wireless, Inc. v. Adams
S.D. Fla. · 2015 · confidence medium
Travel Agencies of Am., Inc., 656 So.2d 254, 255 (Fla. 4th DCA 1995) (recognizing that personal jurisdiction may exist where a defendant’s tortious statements were directed at in-state listeners).
discussed Cited as authority (rule) Wiggins v. Tigrent, Inc.
Fla. Dist. Ct. App. · 2014 · confidence medium
Travel Agencies of Am., Inc., 656 So.2d 254, 255 (Fla. 4th DCA 1995) (holding that a complaint alleging fraud, tor-tious interference, and slander failed to meet the requirements of Florida’s long-arm statute because it did not state that the allegedly tortious statements were made in Florida or were directed at listeners who were located in Florida).
discussed Cited as authority (rule) Metnick & Levy, P.A. v. Seuling
Fla. Dist. Ct. App. · 2013 · confidence medium
Travel Agencies of Am., Inc., 656 So.2d 254, 255 (Fla. 4th DCA 1995) (recognizing that for there to be jurisdiction over a tortious interference claim under section 48.193(b), the interference must occur within the state or arise from oral statements directed at listeners within the state); Hunt v. Cornerstone Golf, Inc., 949 So.2d 228, 230 (Fla. 4th DCA 2007) (holding that under section 48.193(l)(b) a tortious interference claim arose not in Florida, but in Washington, D.C. and Tennessee, where the defendant sent correspondence pertaining to an existing business relationship).
Retrieving the full opinion text from the archive…
PK COMPUTERS, INC.
v.
INDEPENDENT TRAVEL AGENCIES OF AMERICA, INC., and Kurt Harnishfager, jointly and severally
No. 94-2976.
District Court of Appeal of Florida, Fourth District.
Jun 14, 1995.
656 So. 2d 254
1995 Fla. App. LEXIS 6389
1995 WL 353448
Michael E. Wargo and Lori S. Weiss of Rutherford, Minerley & Mulhall, P.A., Boca Raton, for appellant., No brief filed for appellees.
Farmer, Glickstein, Polen.
Cited by 9 opinions  |  Published
POLEN, J.

PK Computers, Inc. appeals a non-final order of the trial court denying its motion to dismiss appellees’ complaint on the grounds of lack of personal jurisdiction. We have jurisdiction to determine this non-final appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i). We reverse.[1]

Appellant is a New York corporation, with no offices located in the state of Florida. The grounds stated in appellees’ complaint upon which they sought to impose long arm[*255] jurisdiction was that appellant entered into a contract in Fort Lauderdale, Florida, and later breached that contract. (It does not allege whether the breaches occurred in Florida.) We note that Counts II through VI of appellees’ complaint are devoid of allegations that would bring appellant under the jurisdiction of Florida’s courts.

Under Venetian Salami Co. v. Parthenais, 554 So.2d 499 (Fla.1989), both long arm jurisdiction and minimum contacts must be demonstrated before personal jurisdiction is established. Appellant’s motion to dismiss initially challenged whether the complaint contained sufficient allegations to invoke Florida’s long arm statute, section 48.193 (Fla.1993).

Section 48.193 provides that Florida courts have long arm jurisdiction over a non-resident defendant under the following provisions relevant to this case:

(b) Committing a tortious act within this state.
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(g) Breaching a contract in this state by failing to perform acts required by the contract to be performed in this state.

The complaint below is insufficient to meet the requirements of subsection (g) because it does not allege that any of the acts alleged to constitute breaches of the contract between the parties were to be performed within the state of Florida. The allegation is merely that the appellant breached its obligation under the contract to deliver working computer equipment to 60 of the 6,000 agencies “located throughout the United States.”

Nor is the complaint legally sufficient to demonstrate long arm jurisdiction under subsection (b), because it fails to allege that the tortious acts that form the basis for Counts II, IV and VI were committed within the state. Each of these tort claims (fraud, tor-tious interference and slander) stems from the alleged communication of oral statements or misstatements by the appellant. The complaint does not state either that the statements were made in the state or that they were directed at listeners who were located in the state.

Since the long arm allegations prong of the Venetian Salami test has not been met, we need not consider the minimum contacts aspect. The trial court erred in denying appellant’s motion to dismiss for lack of personal jurisdiction.

On remand, and on proper motion by the appellees, the order granting appellant’s motion to dismiss should be without prejudice to appellees’ amending the complaint, if they can, to assert proper allegations to support personal jurisdiction over appellant.

GLICKSTEIN and FARMER, JJ., concur.
1

Appellees have not filed a brief in this appeal. While the failure to file an answer brief does not constitute a "default,” nor a concession of error, such failure makes our task more difficult in determining the merit, vel non, of appellant's position. If appellees do not contest it, one sentence to that effect would reduce our judicial labors considerably.