Garris v. Thomasville-Thomas County Humane Society, Inc.

941 So. 2d 540, 2006 Fla. App. LEXIS 19082, 2006 WL 3299201
CourtDistrict Court of Appeal of Florida
DecidedNovember 15, 2006
Docket1D05-5811
StatusPublished
Cited by6 cases

This text of 941 So. 2d 540 (Garris v. Thomasville-Thomas County Humane Society, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garris v. Thomasville-Thomas County Humane Society, Inc., 941 So. 2d 540, 2006 Fla. App. LEXIS 19082, 2006 WL 3299201 (Fla. Ct. App. 2006).

Opinion

941 So.2d 540 (2006)

Catherine GARRIS, Appellant,
v.
THOMASVILLE-THOMAS COUNTY HUMANE SOCIETY, INC., Appellee.

No. 1D05-5811.

District Court of Appeal of Florida, First District.

November 15, 2006.

*541 Rob McNeely and Cynthia A. McNeely of the McNeely Law Firm, Tallahassee, for Appellant.

Brian S. Duffy, Mary L. Wakeman and Brandice D. Dickson of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Tallahassee, for Appellee.

BENTON, J.

Catherine Garris appeals dismissal of claims she brought against Thomasville-Thomas County Humane Society, Inc. (Humane Society), a Georgia corporation, not for profit. The trial court ruled that it lacked jurisdiction over the person of the Humane Society. We reverse and remand for further proceedings.

The first amended complaint stated claims for intentional infliction of emotional distress, conversion, breach of bailment,[1] and, in connection with events that allegedly transpired when Mrs. Garris visited *542 the Humane Society and questioned an employee about her dogs' demise, assault and battery.[2] She urged the circuit court to assume jurisdiction over the Humane Society under three separate provisions of Florida's long arm statute, maintaining that the circuit court had general jurisdiction under section 48.193(2), Florida Statutes (2005), as well as specific jurisdiction under sections 48.193(1)(f)(1.) and (g), Florida Statutes (2005). Unwilling to submit to the court's jurisdiction on any basis, without a special appearance to litigate the jurisdictional question, the Humane Society filed its motion to dismiss and to quash the service of process, attaching affidavits supporting its position. See Venetian Salami Co. v. Parthenais, 554 So.2d 499, 502 (Fla.1989).

The Humane Society maintained that the circuit court lacked personal jurisdiction over it because it was neither a resident nor a citizen of Florida, but was instead incorporated and located in Georgia, had no office in Florida, and had no representatives or agents resident in Florida. The Humane Society also argued that it dealt with Ms. Garris only when she was in Georgia, except by telephone when, although she was in Florida, she was speaking to a Humane Society employee[3] in Georgia. As to the foregoing factual matters, there was no dispute.

*543 Ms. Garris did dispute the Humane Society's arguments—and its factual assertions in support—that the Humane Society did not engage in business activities in Florida, did not conduct substantial activities in Florida, did not advertise in a manner that would subject the Humane Society to jurisdiction in Florida, and did not perform any other act that would bring it within the jurisdiction of Florida courts, consistently with traditional notions of fair play and substantial justice.

The trial court conducted an evidentiary hearing limited to the jurisdictional question, at which the plaintiff assumed the burden to prove a basis for jurisdiction. See id. at 502-03. See also Res. Healthcare of Am., Inc. v. McKinney, 940 So.2d 1139, 1141 (Fla. 2d DCA 2006) ("Once the court determines that the facts are sufficient to bring the defendant within the reach of the long-arm statute, the court must also consider whether the defendant has sufficient minimum contacts with the state so that the exercise of jurisdiction would not offend traditional notions of fair play and substantial justice. This requires the court to determine whether the defendant has availed itself of the privilege of doing business in Florida or has committed acts with an effect in Florida such that it would anticipate being haled into Florida courts.") (citation omitted).

After the hearing on jurisdiction, the trial court entered an amended final judgment determining that the court lacked personal jurisdiction, and, on that basis, granting the motion to dismiss and to quash the service of process.[4] Specifically with regard to the issue of general jurisdiction, the trial court concluded that the evidence was insufficient to establish that the Humane Society purposefully availed itself of any privilege in Florida or engaged in any activity in Florida, except for insubstantial and isolated contacts.[5]

We review a ruling on a motion to dismiss for lack of personal jurisdiction de novo. See Wendt v. Horowitz, 822 So.2d 1252, 1256 (Fla.2002). Foreign corporations may be subject to the jurisdiction of Florida courts, even as to claims arising from activity and effects occurring outside Florida, where they are also "engaged in substantial and not isolated activity within this state[.]" § 48.193(2), Fla. Stat. (2005). See, e.g., Travel Opportunities of Fort Lauderdale, Inc. v. Walter Karl List Mgmt., Inc., 726 So.2d 313, 315 (Fla. 4th DCA 1998) ("[I]t is not necessary for a defendant to have a physical presence in a state for jurisdiction to attach.").

A defendant who is engaged in substantial and not isolated activity within this state, whether such activity is wholly interstate, intrastate, or otherwise, is subject to the jurisdiction of the courts of this state, whether or not the claim arises from that activity.

*544 § 48.193(2), Fla. Stat. (2005). Jurisdiction under this section does not require that the claim arise from activity or effects within Florida, nor that there be any "connexity" between the claim and the defendant's activities in Florida. See, e.g., Burger King Corp. v. Rudzewicz, 471 U.S. 462, 476, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985) ("Jurisdiction in [certain] circumstances may not be avoided merely because the defendant did not physically enter the forum State."); Camp Illahee Investors, Inc. v. Blackman, 870 So.2d 80, 85 (Fla. 2d DCA 2003) ("This section [48.193(2)] `does not require connexity between a defendant's activities and the cause of action.'") (quoting Woods v. Nova Cos. Belize Ltd., 739 So.2d 617, 620 (Fla. 4th DCA 1999)).

The Humane Society's raison d'etre is the welfare and control of animals in Thomas County, Georgia, and it accomplishes its purposes in part by placing animals for adoption, on a continuous and systematic basis, including not incidentally with Florida residents. Everybody who adopts an animal from the Humane Society assumes certain undertakings, notably to see that the animal is spayed or neutered, failing which the Humane Society reserves the right to repossess the adopted animal. The Humane Society must approve the veterinarian who operates on the animal, and has approved several veterinarians in Florida. (The Humane Society reimburses veterinarians it has approved for spay and neuter procedures they perform on animals, including animals it places for adoption.) Many Georgia residents who adopt animals take them to Tallahassee for spaying or neutering because these services are dramatically less expensive when done by certain providers in Tallahassee.

The Humane Society also sends newsletters to its Florida members, solicits donations from Floridians, and has ongoing relationships with several Florida animal aid organizations, including arrangements under which it regularly transfers animals to them for adoption in Florida. While most of the animals the Humane Society places for adoption come from Thomas County, some come from Florida.[6]

To determine whether jurisdiction exists over the person of a non-resident defendant, courts apply a two-part test.

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Bluebook (online)
941 So. 2d 540, 2006 Fla. App. LEXIS 19082, 2006 WL 3299201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garris-v-thomasville-thomas-county-humane-society-inc-fladistctapp-2006.