Jeremy Hamilton v. Betty Hamilton
142 So. 3d 969
| Fla. Dist. Ct. App. | 2014Background
- Family-owned Michigan adult-entertainment businesses governed by a 2006 Michigan Trust (Hamilton Family Subchapter S Voting Trust); father as initial managing trustee and his death in 2010 left stepmother as trustee and sole manager of business accounts.
- Stock Purchase Agreement was executed transferring stepson’s shares to stepmother; Florida venue and Florida law provision included; stepmother to be paid $2,000 weekly for eight years.
- After execution, other beneficiaries convened and voted to remove stepmother as trustee, leading to control of the businesses and alleged wrongful bank activity and profit diversion.
- Stepson resides in Michigan; he asserted no Florida residence, property, contracts, or other Florida contacts; the Florida forum was prompted by the agreement’s forum clause and conduct.
- Stepmother filed suit in Broward County (Florida) for specific performance, breach, and injunctive relief; trial court denied stepson’s motion to dismiss and granted a temporary injunction.
- Fourth District Court of Appeal reversed, holding no Constitutionally adequate minimum contacts existed independent of the forum clause; injunction vacated and case remanded for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Florida has personal jurisdiction over stepson under 685.102. | Stepmother contends Florida jurisdiction via contract (Stock Purchase Agreement) and Florida venue clause. | Stepson argues lack of Florida contacts; consent via clause not enough without minimum contacts. | No minimum contacts; jurisdiction improper. |
| Whether the temporary injunction may stand without personal jurisdiction over stepson. | Injunction justified by Florida forum clause and alleged irreparable harm. | Lack of personal jurisdiction invalidates injunction. | Injunction vacated due to lack of jurisdiction; remanded for dismissal. |
Key Cases Cited
- McRae v. J.D./M.D., Inc., 511 So. 2d 540 (Fla. 1987) (forum selection clause cannot sole basis for Florida jurisdiction when defendant objects to it)
- Jetbroadband WV, LLC v. MasTec North America, Inc., 13 So. 3d 159 (Fla. 3d DCA 2009) (contract alone may confer jurisdiction under 685.102 if requirements met)
- Golf Scoring Sys. Unlimited, Inc. v. Remedio, 877 So. 2d 827 (Fla. 4th DCA 2004) (consent to jurisdiction through venue provision can satisfy clause-like factors)
- Global Satellite Commc’n Co. v. Sudline, 849 So. 2d 466 (Fla. 4th DCA 2003) (minimum contacts can be established by Florida-governing terms tied to performance in Florida)
- Smith v. Knight, 679 So. 2d 359 (Fla. 4th DCA 1996) (ex parte injunction favorable when no notice; distinguishible fact pattern arises here)
- Dev. Corp. of Palm Beach v. WBC Constr., L.L.C., 925 So. 2d 1156 (Fla. 4th DCA 2006) (standard for reviewing a trial court’s ruling on a motion to dismiss for lack of jurisdiction)
- Taskey v. Burtis, 785 So. 2d 557 (Fla. 4th DCA 2001) (factors for determining minimum contacts include foreseeability and purposeful availment)