88 So. 3d 291
Fla. Dist. Ct. App.2012Background
- Patricia Baker, a passenger on Royal Caribbean's MV Mariner of the Seas, purchased a ticket for a Cayman Islands mock pirate ship excursion operated by E & H Cruises, Ltd.
- Baker was injured transferring to the mock pirate ship in the Cayman Islands.
- Baker sued RCCL (and subsidiaries) and E & H under various theories.
- E & H moved to dismiss for lack of personal jurisdiction and forum non conveniens; the trial court denied the motion.
- The appellate court reverses the denial, holding there is no personal jurisdiction over E & H and remands for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether general jurisdiction exists under 48.193(2). | Baker argues E & H has continuous and systematic Florida contacts. | E & H contends no continuous Florida contacts. | No general jurisdiction; contacts are not continuous/systematic. |
| Whether specific jurisdiction exists under 48.193(l)(a) based on a Florida business relation. | Tour Operator Agreement creates Florida business in RCCL/E & H joint venture or agency. | No joint venture or agency; E & H remains independent contractor. | No suitable joint venture/agency; no Florida business activity. |
| Whether 48.193(l)(d) supports jurisdiction via insurance contracting. | Insurance contract relates to Florida-based risk. | Risk never located in Florida at contracting; inapplicable. | Inapplicable; no Florida location at contracting. |
| Whether the Tour Operator Agreement's indemnification clause or the forum selection clause creates jurisdiction. | Indemnity/forum clause could bind third parties to Florida court. | Plaintiff not party to the agreement; clauses cannot create jurisdiction. | Not a basis for jurisdiction for a nonparty. |
Key Cases Cited
- Vos, B.V. v. Payen, 15 So.3d 734 (Fla.3d DCA 2009) (limits on general jurisdiction; Florida contacts must be continuous and systematic)
- Gadea v. Star Cruises, Ltd., 949 So.2d 1143 (Fla.3d DCA 2007) (defines continuous and systematic contacts; no need for connection to claim)
- Blumberg v. Steve Weiss & Co., 922 So.2d 361 (Fla.3d DCA 2006) (strict construction of long-arm statute in favor of nonresidents)
- Haughey, 13 So.3d 1076 (Fla.3d DCA 2008) (insurance contracting proximity; forum non conveniens context)
- Island Sea-Faris v. Haughey, 13 So.3d 1076 (Fla.3d DCA 2008) (Florida-based contact not established by ticket sales alone)