Intern. Harvester Co. v. Mann, 460 So. 2d 580 (Fla. 1st DCA 1984). · Go Syfert
Intern. Harvester Co. v. Mann, 460 So. 2d 580 (Fla. 1st DCA 1984). Cases Citing This Book View Copy Cite
“it is well-established that the commission of a tort for purposes of establishing long-arm jurisdiction does not require physical entry into the state, but merely requires that the place of injury be within florida.”
48 citation events (8 in the last 25 years) across 7 distinct courts.
Strongest positive: Wood v. Wall (fladistctapp, 1996-01-17) · Strongest negative: Rittenmeyer v. Grauer (texapp, 2003-05-20)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 16 distinct citers.
discussed Overruled Rittenmeyer v. Grauer
Tex. App. · 2003 · confidence high
Appellant’s other principal case, International Harvester Co. v. Mann, 460 So.2d 580 (Fla.Dist.Ct.App.1984), overruled by Doe v. Thompson, 620 So.2d 1004 (Fla.1993), involved a Delaware corporation, Mann International, Inc. (MI) whose physical assets and operations were entirely within Florida.
examined Cited as authority (verbatim quote) Wood v. Wall
Fla. Dist. Ct. App. · 1996 · quote attribution · 1 verbatim quote · confidence high
it is well-established that the commission of a tort for purposes of establishing long-arm jurisdiction does not require physical entry into the state, but merely requires that the place of injury be within florida.
examined Cited as authority (verbatim quote) Allerton v. State Dept. of Ins.
Fla. Dist. Ct. App. · 1994 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is well-established that the commission of a tort for purposes of establishing long-arm jurisdiction does not require physical entry into the state, but merely requires that the place of injury be within florida.
discussed Cited as authority (rule) New Lenox Industries, Inc. v. Fenton
M.D. Fla. · 2007 · confidence medium
Rex Mann, 460 So.2d 580, 581-82 (Fla.Dist.Ct.App.1984) ("[T]he commission of a tort within Florida by a nonresident is a sufficient ‘minimum contact’ with Florida to justify personal jurisdiction in light of the federal constitution.”) (citing Godfrey v. Neumann, 373 So.2d 920, 922 (Fla. 1979)). 45 .
discussed Cited as authority (rule) Dean v. Johns
Fla. Dist. Ct. App. · 2001 · confidence medium
As stated in International Harvester Co. v. Mann, 460 So.2d 580, 581 (Fla. 1st DCA 1984), "[i]t is well-established that the commission of a tort for purposes of establishing long-arm jurisdiction does not require physical entry into the state, but merely requires that the place of injury be within Florida." See also Silver v. Levinson, 648 So.2d 240, 243 (Fla. 4th DCA 1994)(physical presence is not a prerequisite for personal jurisdiction; a professional who deliberately sent defamatory material into the state was subject to personal jurisdiction); Carida v. Holy Cross Hospital, Inc., 424 So.…
discussed Cited as authority (rule) Hollingsworth v. Iwerks Entertainment, Inc.
M.D. Fla. · 1996 · confidence medium
Plaintiff cites Allerton v. State Dept. of Ins., 635 So.2d 36, 39 (Fla. 1st DCA 1994), citing, Doe v. Thompson, 620 So.2d 1004 , 1006 n. 1 (Fla.1993) in support of the long-arm statute as providing .that the court in those cases found that “a corporate officer committing fraud or other intentional misconduct can be subject to personal jurisdiction.” Finding that the party had intentionally targeted a Florida party, the court went on to find that, “It is well-established that the commission of a tort for purposes of establishing long-arm jurisdiction does not require physical entry into t…
discussed Cited as authority (rule) Future Tech International, Inc. v. Tae Il Media, Ltd.
S.D. Fla. · 1996 · confidence medium
“It is well established that the commission of a tort for purpose of establishing long-arm jurisdiction does not require physical entry into the state, but merely requires that the place of injury be within Florida.” International Harvester v. Mann, 460 So.2d 580, 581 (Fla. 1st Dist.Ct.App.1984).
cited Cited as authority (rule) Thompson v. Doe
Fla. Dist. Ct. App. · 1992 · confidence medium
International Harvester Company v. Mann, 460 So.2d 580, 581-582 (Fla. 1st DCA 1984). [2] See also Carida v. Holy Cross Hospital, Inc., 424 So.2d 849 (Fla. 4th DCA 1982).
discussed Cited as authority (rule) Brown v. Seebach
S.D. Fla. · 1991 · confidence medium
As pleaded by the plaintiff, defendant Seebach Ill’s allegedly tortious conduct was his wrongful, wanton and reckless acts that caused the BMW car to swerve, spin, and crash into a tree along the side of County Road 905 in Key Largo, Florida, resulting in the death of Eric Brown. *578 In International Harvester Co. v. Mann, 460 So.2d 580, 582 (Fla. 1st D.C.A. 1984), the court stated that “a plaintiff seeking to assert long-arm jurisdiction over a non-resident must allege in his complaint sufficient facts to fall within the language of § 48.193 Fla.Stat.” The court can find no support fo…
discussed Cited as authority (rule) Bolton v. Bunny's Pride & Joy, I, Inc.
Fla. Dist. Ct. App. · 1988 · confidence medium
While conceding that International Harvester Company v. Mann, 460 So.2d 580 (Fla. 1st DCA 1984), states that “the commission of a tort for purposes of establishing long-arm jurisdiction ... requires that the place of injury be within Florida,” id. at 581 (emphasis in original) (citations omitted), appellants argue that the place of injury is not necessarily the exclusive situs of tortious activity.
discussed Cited as authority (rule) Vinson v. Sandusky (2×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 1985 · confidence medium
“The Florida courts have consistently held that a plaintiff seeking to assert long-arm jurisdiction over a non-resident must allege in his complaint sufficient facts to fall within the language of Section 48.193, Florida Statutes.” International Harvester Company v. Mann, 460 So.2d 580, 582 (Fla. 1st DCA 1984).
cited Cited "see" Koch v. Kimball
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Int'l Harvester Co. v. Mann, 460 So.2d 580, 581 (Fla. 1st DCA 1984); Allerton .
cited Cited "see" Coca-Cola Foods v. Empresa Comercial Internacional De Frutas S.A.
M.D. Fla. · 1996 · signal: see · confidence high
See id.
cited Cited "see" Sun Bank, N.A. v. E.F. Hutton & Company, Inc., N/k/a Shearson Lehman Hutton, Inc., Richard Bunstein
11th Cir. · 1991 · signal: see · confidence high
See International Harvester Co. v. Mann, 460 So.2d 580 (Fla. 1st Dist.Ct.App.1984); Carida v. Holy Cross Hospital, Inc., 424 So.2d 849 (Fla. 4th Dist.Ct.App.1982).
cited Cited "see, e.g." Simmons v. Templeton
La. Ct. App. · 1996 · signal: see, e.g. · confidence low
See, e.g., International Harvester Co. v. Mann, 460 So.2d 580 (Fla.App. 1st Dist.1984); Martin v. Ju-Li Corp., 332 N.W.2d 871 (Iowa 1983); Kopperud v. Agers, 312 N.W.2d 443 (Minn.1981).
cited Cited "see, e.g." Classic Lines, Inc. v. National Coach Corp.
S.D. Fla. · 1990 · signal: see, e.g. · confidence medium
See e.g., International Harvester Co. v. Mann, 460 So.2d 580, 581 (1st DCA 1984) (emphasis in original) citing Lee B.
INTERNATIONAL HARVESTER COMPANY, a Corporation, Paul L. Rice, Kenlaw and Mann International, Inc., a Corporation, Appellants,
v.
C. Rex MANN, Appellee.
BA-241.
District Court of Appeal of Florida, First District.
Dec 19, 1984.
460 So. 2d 580
Shivers.
Cited by 40 opinions  |  Published

[*581] Alan C. Sundberg, Sylvia H. Walbolt and W. Douglas Hall of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, for appellants.

Frank A. Baker, Marianna, for appellee.

SHIVERS, Judge.

Defendants/appellants appeal an order denying their motion to dismiss for lack of personal jurisdiction over defendants Price and Law.

Defendant/appellant Mann International, Inc. (MI) is a Delaware corporation, authorized to do business in Florida and having its sole place of business in Jackson County, Florida. MI's board of directors consists of appellee Mann, a Florida resident, and appellants Price and Law, both Georgia residents. Defendant/appellant International Harvester, also a foreign corporation authorized to do business in Florida, owns 100% of the voting and preferred stock of MI, while appellee Mann owns 100% of the non-voting stock.

Suit was filed by Mann in Jackson County, Florida, following action taken by International Harvester, Price, and Law to liquidate all assets of MI by transferring those assets to International Harvester at a price substantially below fair market value. The meeting at which the decision was made to liquidate was held in Delaware and Mann received no notice of the liquidation, the effect being to deprive him of his ownership interest in MI without payment of any compensation.

Count I of appellee's complaint was a shareholder's derivative action brought on behalf of MI, alleging breach of fiduciary duty owed to MI by appellant. Appellee claimed that MI suffered damages to its inventory and to its value as an ongoing business concern by reason of defendant's actions. Count II was an action brought by appellee individually for breach of fiduciary duty owed to him by appellant. That count claimed that appellants' actions were taken for the purpose of defrauding appellee and were calculated to render the value of his shares in MI worthless. Process was served upon appellants Price and Law in Georgia, after which they moved to dismiss the complaint for lack of personal jurisdiction. The denial of that motion resulted in this appeal.

Section 48.193(1), Florida Statutes (1983) authorizes personal service on a non-resident who:

(a) Operates, conducts, engages in, or carries on a business or business venture in this state or has an office or agency in this state.
(b) Commits a tortious act within this state.

Plaintiff/Appellee has conceded to appellants' argument that subsection (a) cannot form the basis for personal jurisdiction in this case, as he has not alleged that Price or Law were engaged in business as individuals, but only as directors of MI. Therefore, if the trial court's jurisdiction is to be affirmed, it must be based upon a finding that appellants Price and Law have committed a tort within the state of Florida.

It is well-established that the commission of a tort for purposes of establishing long-arm jurisdiction does not require physical entry into the state, but merely requires that the place of injury be within Florida. Lee B. Stern & Co., Ltd. v. Green, 398 So.2d 918 (Fla. 3rd DCA 1981); Bangor Punta Operations, Inc. v. Universal Marine Co., 543 F.2d 1107 (5th Cir.1976); Rebozo v. Washington Post Co., 515 F.2d 1208 (5th Cir.1975). Based upon that interpretation of subsection (b), appellee asserts that, assuming arguendo the defendants' actions originated elsewhere, they culminated in Jackson County, Florida in (1) effecting an improper transfer of MI's Florida assets to International Harvester, (2) depriving Mann of his ownership interest in his Florida business without compensation, and (3) depriving MI of its value as an ongoing Florida business concern. Appellee also correctly states that the commission[*582] of a tort within Florida by a non-resident is a sufficient "minimum contact" with Florida to justify personal jurisdiction in light of the federal constitution. Godfrey v. Neumann, 373 So.2d 920 (Fla. 1979).

The Florida courts have consistently held that a plaintiff seeking to assert long-arm jurisdiction over a non-resident must allege in his complaint sufficient facts to fall within the language of Section 48.193, Florida Statutes. Wynn v. Aetna Life Insurance Co., 400 So.2d 144 (Fla. 1st DCA 1981); Electro Engineering Products Co., Inc. v. Lewis, 352 So.2d 862 (Fla. 1977). We believe that plaintiff/appellee did so in this case. Although MI was formed as a corporation under the laws of Delaware, its physical assets and its operation as a business were solely within the state of Florida. Therefore, any injury to its inventory or operation as a business concern, as alleged, must have occurred within Florida.

Appellant has asserted the argument that the situs of plaintiff's stock is in Delaware, the state of incorporation, thus the damage to the value of plaintiff's stock and the jurisdiction of this suit lie in Delaware, if anywhere. Although the general rule states that stock may have a situs in the state of incorporation for purposes of determining rights and claims thereto, Jellenik v. Huron Copper Mining Co., 177 U.S. 1, 20 S.Ct. 559, 44 L.Ed. 647 (1900), it is also well-recognized that the situs may be elsewhere for other purposes. Krizanek v. Smith, 32 Del. Ch. 513, 87 A.2d 871 (1952). The issue of the situs of stock for purposes of pin-pointing the location of an injury and thereby establishing Florida long-arm jurisdiction, however, has not as yet been decided. While we recognize that the question is interesting, we find it unnecessary to address in this case as plaintiff's complaint contains sufficient alternative allegations of injury within Florida upon which to base personal jurisdiction.

Accordingly, the denial of appellant's motion to dismiss is affirmed.

WENTWORTH and NIMMONS, JJ., concur.