Vyas v. Am. Van Lines, Inc.

Summary

Personal jurisdiction over a non-resident defendant cannot be established solely by a contractual forum-selection clause; the consent-to-jurisdiction provision must comply with Florida Statutes §§ 685.101 and 685.102. The contract here failed to satisfy those statutes because it involved consideration of less than $250,000, provided for application of federal law over Florida law, and concerned a transaction for personal, family, or household purposes. Even if a statutory basis existed, the plaintiff failed to rebut the defendant’s affidavit showing no minimum contacts with Florida, as contacts with a Florida-based corporation alone are insufficient under due process. The trial court's denial of the motion to dismiss for lack of personal jurisdiction was reversed.

Holdings

1. The trial court did not err in denying the motion to dismiss for improper venue because the mandatory forum-selection clause in the terms and conditions was enforceable and covered the dispute.
2. The trial court erred in denying the motion to dismiss for lack of personal jurisdiction because the plaintiff failed to plead a sufficient basis under the long-arm statute and failed to show minimum contacts with Florida.

Questions Presented

1. Whether the trial court erred in denying the motion to dismiss for lack of personal jurisdiction.
2. Whether the trial court erred in denying the motion to dismiss for improper venue.

Disposition

reversed_and_remanded