If you find your business embroiled in a commercial dispute and are contemplating litigation, one of the most important things you want to ensure is that the court where you file your lawsuit is in a jurisdiction that has the power to resolve your case. That means, among other things, making sure that the court has personal jurisdiction over your opponent. While many jurisdictional disputes may hinge upon jurisdiction under the “long-arm” statute, sometimes your case may be able to proceed even if the criteria of the statute aren’t met. Even if your opponent has its principal offices outside Florida and does no business here, there are situations in which the Florida courts may still have jurisdiction. For the analysis and advice you need about jurisdiction and venue in your commercial litigation action, be sure to consult a skilled South Florida commercial litigation attorney.
Jurisdiction was at the center of case arising from a dispute over a stock subscription contract. In the deal, the buyer agreed to purchase 1 million shares of another corporation’s stock. Allegedly, the purchasing corporation never paid the balance owed for the 1 million shares. As a result, a breach of contract lawsuit ensued.
The plaintiff corporation brought its lawsuit in state court here in Florida, specifically filing in Orange County. The purchaser corporation filed a motion with the court, arguing that the Florida courts lacked personal jurisdiction over it. The facts that it asserted in support of that argument were that it held its principal place of business in southern California and conducted the substantial majority of its business outside the United States. This meant that, under the terms of Florida’s “long-arm” jurisdiction statute, there was no personal jurisdiction over the defendant, it argued.