Oldock v. DL & B Enterprises, Inc.
100 So. 3d 50
Fla. Dist. Ct. App.2011Background
- Oldocks appeal a circuit court dismissal for lack of personal jurisdiction over DL & B Enterprises, Inc.
- Accident occurred September 2003 in North Carolina; Oldock was injured on DL & B premises by a DL & B forklift.
- DL & B had long-standing Florida business relationships via Six L’s and King Farms; King Farms operated from Florida with DL & B’s produce sold nationwide.
- King Farms was created in Florida; owners of DL & B held significant interests in King Farms and shared commissions.
- Court held DL & B had continuous and systematic Florida contacts for pecuniary gain, establishing general jurisdiction; case remanded for proceedings consistent with this finding.
- Proceedings focused on whether Florida’s long-arm statute and minimum contacts supported general jurisdiction; specific jurisdiction not reached.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DL & B has general jurisdiction under Florida law | Oldock argues continuous Florida contacts justify general jurisdiction | DL & B contends contacts are not substantial | Yes, general jurisdiction established under §48.198(2) |
Key Cases Cited
- Canale v. Rubin, 20 So.3d 463 (Fla. 2d DCA 2009) (two-step long-arm analysis; minimum contacts and statute)
- American Fin. Trading Corp. v. Bauer, 828 So.2d 1071 (Fla. 4th DCA 2002) (continuous and systematic Florida activity supports general jurisdiction)
- Wendt v. Horowitz, 822 So.2d 1252 (Fla.2002) (de novo review of jurisdictional questions with factual findings favored)
- Dev. Corp. of Palm Beach v. WBC Constr., LLC, 925 So.2d 1156 (Fla. 4th DCA 2006) (live testimony requires deferring to circuit court’s factual findings)
- Oldock v. DL & B Enters., Inc., 966 So.2d 484 (Fla. 2d DCA 2007) (reversed/remanded for evidentiary hearing on jurisdiction)