Execu-Tech Business Systems, Inc. v. New Oji Paper Co., Ltd.

752 So. 2d 582 (2000)

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Execu-Tech Business Systems, Inc. v. New Oji Paper Co., Ltd.

Florida Supreme Court
752 So. 2d 582 (2000)

Facts

New Oji Paper Company, Ltd. (New Oji) (defendant), a Japanese corporation, was a thermal fax paper (TFP) manufacturer. TFP manufacturers sold bulk rolls to converters, who then repackaged the bulk rolls into smaller rolls suitable for retail or wholesale. New Oji sold its TFP to converters in Japan, who then sold it to wholesalers in the United States. In that way, New Oji became one of the leading producers of TFP sold in the United States. After a federal investigation, eight TFP manufacturers, including New Oji, pleaded guilty to implementing a wholesale price-fixing scheme that artificially increased TFP prices throughout the United States. Execu-Tech Business Systems, Inc. (Execu-Tech) (plaintiff), a Florida corporation, sued New Oji under Florida’s Deceptive and Unfair Trade Practices Act (DTP Act) for damages Execu-Tech suffered because of artificially inflated TFP retail prices. New Oji moved to dismiss, arguing that Florida could not exercise personal jurisdiction over New Oji because (1) New Oji was a Japanese corporation that only sold its TFP rolls within Japan; (2) New Oji did not have offices in Florida; and (3) Execu-Tech could not prove that New Oji’s TFP was sold in Florida during the relevant period. The trial court agreed and dismissed Execu-Tech’s claim. On appeal, the appellate court affirmed. Execu-Tech appealed to the Florida Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Shaw, J.)

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