Gerber Trade Finance, Inc. v. Bayou Dock Seafood Co., Inc.

917 So. 2d 964 (2005)

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Gerber Trade Finance, Inc. v. Bayou Dock Seafood Co., Inc.

Florida District Court of Appeal
917 So. 2d 964 (2005)

  • Written by Liz Nakamura, JD

Facts

Gerber Trade Finance, Inc. (Gerber) (plaintiff), a nonresident corporation, financed several seafood purchase transactions for J.A.D.E. Fisheries, Inc. (JADE). In exchange, Gerber received a perfected security interest in JADE’s seafood inventory. Subsequently, JADE transferred the seafood inventory to a cold-storage warehouse in Miami, Florida, owned by Bayou Dock Seafood Company, Inc. (Bayou) (defendant), a nonresident corporation. Gerber demanded Bayou return the seafood, but Bayou refused. Gerber sued Bayou for conversion and civil theft in Miami-Dade County Circuit Court, claiming specific jurisdiction over Bayou under Florida’s long-arm statute based on Bayou committing tortious acts in Florida. Bayou moved to dismiss for lack of jurisdiction, arguing that Bayou (1) did not regularly conduct business or engage in activities in Florida; (2) did not have an office in Florida; and (3) did not commit a tort by accepting the seafood inventory. The circuit court dismissed Gerber’s complaint against Bayou with prejudice, holding that Florida could not exercise long-arm jurisdiction over Bayou because Bayou’s contacts with Florida were limited, insubstantial, and intermittent. Gerber appealed.

Rule of Law

Issue

Holding and Reasoning (Levy, J.)

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