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INTERNATIONAL UNIVERSITY OF HEALTH SCIENCES, LTD. v. JOHN ABELES and PETER GLEESON
299 So.3d 405
Fla. Dist. Ct. App.
2020
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Background

  • International University of the Health Sciences Ltd., Inc. (IUHS) is an offshore private medical school (St. Kitts & Nevis) whose business administration was conducted from Florida.
  • IUHS’s CFO (and long‑time president/board member) Randall Simms ran IUHS from his Florida residence for ~18 years; the school used a Florida bank account, held board meetings at Simms’s home, maintained a Florida phone line, and held student events in Florida.
  • Dr. John Abeles, a Palm Beach County resident, entered a consulting/employment arrangement to provide management/educational services for monthly compensation; he sued for breach of contract and unpaid compensation.
  • IUHS moved to dismiss for lack of personal jurisdiction and insufficient service of process; the trial court held an evidentiary hearing and denied the motion.
  • Service was effected on John Walton at Simms’s residence; Walton was identified on the return as "Director of Finance," forwarded the papers to IUHS officers, and the trial court found Walton to be an agent/officer for service purposes.
  • On appeal, the Fourth District affirmed: Florida courts have jurisdiction (general and specific) over IUHS, and service on Walton was sufficient under Florida law.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Personal jurisdiction (general and specific) Abeles: IUHS’s long‑running management and operational activities in Florida (Simms running company, Florida bank, meetings, events, services performed in Florida, place of payment) establish both specific and general jurisdiction IUHS: foreign corporation; activities in Florida insufficient to subject IUHS to Florida jurisdiction; Daimler limits general‑jurisdiction reach Affirmed: Competent substantial evidence supports both general jurisdiction (continuous/systematic contacts) and specific jurisdiction (contract negotiated/performed in Florida)
Service of process Abeles: Service on Walton at Simms’s residence was valid because Walton acted as IUHS’s Director of Finance/agent and forwarded process to IUHS officers IUHS: Walton was not an IUHS officer or agent for service; service therefore insufficient Affirmed: Walton was acting as a business agent/Director of Finance transacting business in Florida; service under Fla. Stat. §48.081 was sufficient to give notice

Key Cases Cited

  • Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla. 1989) (two‑part long‑arm statute and due‑process analysis)
  • International Shoe Co. v. Washington, 326 U.S. 310 (U.S. 1945) (minimum contacts and due process standard)
  • Daimler AG v. Bauman, 571 U.S. 117 (U.S. 2014) (limits on general jurisdiction absent a forum home)
  • Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (U.S. 2011) (general jurisdiction principles)
  • Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408 (U.S. 1984) (continuous and systematic contacts test)
  • Bank of Am., N.A. v. Bornstein, 39 So. 3d 500 (Fla. 4th DCA 2010) (service on corporate agents and the purpose of service)
  • Shurman v. Atlantic Mortg. & Inv. Corp., 795 So. 2d 952 (Fla. 2001) (service of process purpose: notice to defendant)
Read the full case

Case Details

Case Name: INTERNATIONAL UNIVERSITY OF HEALTH SCIENCES, LTD. v. JOHN ABELES and PETER GLEESON
Court Name: District Court of Appeal of Florida
Date Published: Jul 8, 2020
Citation: 299 So.3d 405
Docket Number: 19-3508
Court Abbreviation: Fla. Dist. Ct. App.