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Naviera Mayaca Express v. Brauer

District Court of Appeal of Florida, Third District
May 18, 1990
559 So. 2d 1230 (Fla. Dist. Ct. App. 1990)

Summary

finding a defendant's "extensive business correspondence" with a Florida plaintiff, including only one in-person visit from the defendant's agent to renew an insurance policy, sufficient to establish personal jurisdiction under section 1

Summary of this case from Byoplanet Int'l, Inc. v. Vistek, Inc.

Opinion

No. 87-1360.

April 3, 1990. Rehearing Denied May 18, 1990.

Appeal from the Circuit Court, Dade County, Herbert Klein, J.

Waks Barnett and Andrew Waks, Miami, for appellant.

Kelley Drye Warren and Henry H. Bolz, III, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and GERSTEN, JJ.


This is an appeal by the plaintiff Naviera Mayaca Express S. de R.L., a Honduran corporation d/b/a Mayaca Lines ["Naviera"], from a non-final order dismissing its lawsuit for negligent procurement of an insurance policy against the defendant Brauer Associates, Inc. [Brauer], an Ohio corporation, for lack of personal jurisdiction over the said defendant. We reverse.

The record reveals that the defendant Brauer is an insurance broker with a longstanding business relationship with the co-plaintiff [Teeters Brothers Contracting Company] in Florida. The defendant Brauer has secured insurance over a period of years for a vessel owned by the plaintiff Naviera and operated from the port of Palm Beach, Florida; the co-plaintiff Teeters Brothers was the named insured on this policy. In connection therewith, the defendant Brauer has had extensive business correspondence with Teeters Brothers in Florida in connection with the procurement of the insurance and servicing of the account, including on one occasion Brauer's sending a representative to Florida to discuss and obtain a renewal insurance policy on the subject vessel. We conclude that (1) these activities by the defendant Brauer constitute conducting or engaging in a business venture in Florida sufficient to invoke Florida's long-arm jurisdiction over the defendant Brauer pursuant to Section 48.193(1)(a), Florida Statutes (1987), and (2) the defendant Brauer has had sufficient minimum contacts in Florida to satisfy due process requirements. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985); Lacy v. Force V Corp., 403 So.2d 1050, 1054 (Fla. 1st DCA 1981).

The final order under review is reversed and the cause is remanded to the trial court for further proceedings.

Reversed and remanded.


Summaries of

Naviera Mayaca Express v. Brauer

District Court of Appeal of Florida, Third District
May 18, 1990
559 So. 2d 1230 (Fla. Dist. Ct. App. 1990)

finding a defendant's "extensive business correspondence" with a Florida plaintiff, including only one in-person visit from the defendant's agent to renew an insurance policy, sufficient to establish personal jurisdiction under section 1

Summary of this case from Byoplanet Int'l, Inc. v. Vistek, Inc.

concluding due process was satisfied where defendant corresponded extensively with Florida plaintiff regarding their business relationship and sent a representative to Florida to discuss and renew the contract

Summary of this case from Intego Software, LLC v. Concept Development, Inc.

In Naviera Mayaca Exp. S. de R.L. v. Brauer Associates, Inc., 559 So.2d 1230 (Fla. 3d DCA 1990), it was held that where the defendant, an insurance broker, had had extensive business correspondence with the plaintiff concerning the procurement of insurance and servicing of the account, and had on one occasion met with the plaintiff in Florida regarding renewal of the policy, jurisdiction under section 48.193(1)(a) was proper.

Summary of this case from Empire Industries, Inc. v. Kaplan
Case details for

Naviera Mayaca Express v. Brauer

Case Details

Full title:NAVIERA MAYACA EXPRESS S. DE R.L., A HONDURAN CORPORATION D/B/A MAYACA…

Court:District Court of Appeal of Florida, Third District

Date published: May 18, 1990

Citations

559 So. 2d 1230 (Fla. Dist. Ct. App. 1990)

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