Blumberg v. Steve Weiss & Company, Inc.

Summary

The Florida Third District Court of Appeal affirmed dismissal of a products liability action for lack of personal jurisdiction over a New York intermediary that sold an ingredient to a Missouri company for delivery in Utah. The court held that the defendant's conduct did not constitute a tortious act, processing, or servicing under Florida's long-arm statute and that it lacked sufficient minimum contacts with Florida under due process principles.

Holdings

1. SWCI's sale of norephedrine to Syntrax did not constitute a tortious act within Florida because the sale did not directly cause injury or damage in Florida.
2. SWCI did not process or service the norephedrine within the meaning of section 48.193(1)(f)(2), so that statutory basis for jurisdiction was not established.
3. Florida courts could not constitutionally exercise specific personal jurisdiction over SWCI because SWCI lacked sufficient minimum contacts with Florida and did not purposefully avail itself of the Florida market.

Questions Presented

1. Whether SWCI was subject to Florida's long-arm statute because it committed a tortious act in Florida under section 48.193(1)(b).
2. Whether SWCI was subject to Florida's long-arm statute under section 48.193(1)(f)(2) because it processed or serviced a product used or consumed in Florida.
3. Whether exercising specific personal jurisdiction over SWCI would satisfy the minimum-contacts requirements of due process.

Disposition

affirmed