PROAMPAC HOLDINGS, INC. vs RCBA NUTRACEUTICALS, LLC D/B/A RONNIE COLEMAN SIGNATURE SERIES, WESTERN PACKAGING, INC. AND POLYFIRST PACKAGING, INC.
388 So.3d 41
Fla. Dist. Ct. App.2022Background
- RCBA Nutraceuticals, a Florida LLC, purchased plastic zipper bags from Western Packaging; Western outsourced manufacture to PolyFirst Packaging.
- ProAmpac Holdings acquired PolyFirst in September 2017; ProAmpac Holdings and ProAmpac LLC are separate entities.
- RCBA sued Western and ProAmpac LLC in Florida; later the parties substituted PolyFirst for ProAmpac LLC; RCBA served subpoenas on ProAmpac Holdings as a nonparty.
- RCBA filed a third amended complaint adding ProAmpac Holdings, alleging ProAmpac assumed PolyFirst’s duties, continued manufacturing the zipper bags, and purchase orders showed a ship-to address in Lake Mary, Florida; alleged defects caused damages to distributors and packagers (including in New York and Texas).
- ProAmpac Holdings moved to dismiss for lack of personal jurisdiction and forum non conveniens; the trial court denied dismissal, finding RCBA sufficiently rebutted ProAmpac Holdings’ assertions of no jurisdiction.
- The Fifth District reversed, concluding the complaint failed to plead facts establishing either specific or general long-arm jurisdiction over ProAmpac Holdings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether complaint pleads specific jurisdiction under 48.193(1)(a)1 (doing business) | ProAmpac Holdings is a Delaware corp doing business in Florida; purchase orders list Lake Mary ship-to | Complaint lacks facts showing ProAmpac Holdings actually did business or shipped goods into Florida | Complaint insufficient; allegation ‘‘doing business in Florida’’ and PO ship-to not enough; prong fails |
| Whether complaint pleads specific jurisdiction under 48.193(1)(a)2 (tort in Florida) | Defendants committed torts that injured RCBA in Florida | Alleged tortious conduct occurred outside Florida (shipments to NY/TX); no tortious act in Florida alleged | Insufficient; tortious acts alleged occurred outside Florida, so prong not met |
| Whether complaint pleads specific jurisdiction under 48.193(1)(a)6 (causing injury in Florida) | Economic injury to RCBA in Florida suffices | Statute requires personal bodily-injury or property damage within Florida; mere economic loss insufficient | Insufficient; only economic losses alleged and property damage not tied to Florida |
| Whether complaint pleads general jurisdiction under 48.193(2) | ProAmpac derived business from Florida and appeared in litigation | Complaint contains no allegations of continuous, systematic contacts or business presence in Florida | Insufficient; no substantial and not isolated activity alleged |
| Whether ProAmpac waived jurisdictional objection by prior participation/subpoena responses | ProAmpac, through counsel, litigated earlier and responded to subpoenas; thus waived | Actions as a nonparty responding to subpoenas do not waive long-arm objections; distinct procedures | No waiver; responding to foreign subpoenas and nonparty conduct did not forfeit long-arm challenge |
Key Cases Cited
- Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla. 1989) (two-part long-arm jurisdiction test and pleading requirements)
- Yarger v. Convergence Aviation Ltd., 310 So. 3d 1276 (Fla. 5th DCA 2021) (application of Venetian Salami two-part test)
- Execu-Tech Bus. Sys., Inc. v. New Oji Paper Co., 752 So. 2d 582 (Fla. 2000) (due process minimum contacts requirement under Venetian Salami)
- Parisi v. Kingston, 314 So. 3d 656 (Fla. 3d DCA 2021) (pleading threshold for triggering evidentiary burden shifting in jurisdictional disputes)
- Aegis Def. Servs., LLC v. Gilbert, 222 So. 3d 656 (Fla. 5th DCA 2017) (standard of review and long-arm general-jurisdiction analysis)
- Fasco Controls Corp. v. Goble, 688 So. 2d 1029 (Fla. 5th DCA 1997) (insufficiency of conclusory allegation that defendant is "doing business" in Florida)
- Thompson v. Doe, 596 So. 2d 1178 (Fla. 5th DCA 1992) (injury occurring in Florida alone does not establish long-arm jurisdiction)
- Identigene, Inc. v. Goff, 774 So. 2d 48 (Fla. 2d DCA 2000) (economic loss alone insufficient under section 48.193(1)(a)6)
- CMI, Inc. v. Ulloa, 73 So. 3d 787 (Fla. 5th DCA 2011) (foreign subpoena responses do not extend Florida long-arm jurisdiction)