05-1248 TRAMEL V. D

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05-1248 TRAMEL V. D

State: Florida

Court: Florida Third District Court

Docket No: 05-1248 TRAMEL V. D

Case Date: 12/28/2005

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005

KERRY TRAMEL, Appellant, vs. D'ANGEL BEDDING CORPORATION, et al., Appellees.

** ** ** ** ** ** LOWER TRIBUNAL NO. 04-9794 CASE NO. 3D05-1248

Opinion filed December 28, 2005. An Appeal from a non-final order of the Circuit Court for Miami-Dade County, Jerald Bagley, Judge. Clarke Silverglate Campbell Williams & Montgomery and Karen H. Curtis and Maria H. Ruiz, for appellant. Silverio & Hall and Brian Silverio; Quintairos, Prieto, Wood & Boyer and A. Brekka, Jr., and Harold S. Stevens, for appellees.

Before LEVY, RAMIREZ and SUAREZ, JJ. SUAREZ, J. Kerry Tramel ("Tramel") appeals the trial court's order

denying his motion to dismiss the counts of D'Angel Bedding

Corporation's ("D'Angel") suit against him individually for lack of personal jurisdiction. D'Angel, a South We reverse. Florida mattress manufacturer, sued

Oklahoma mattress manufacturer Lady Americana for breach of its exclusive licensing contract to market Lady Americana products in South Florida. D'Angel also sued Tramel, Lady Americana's

Chief Financial Officer, individually for tortious interference and theft of corporate opportunity. D'Angel alleges that Tramel

and Lady Americana conspired with a competitor, Dream Makers Sleep Products, Inc. ("Dream Makers"), to replace D'Angel with Dream Makers as the exclusive licensee of Lady Americana

products in South Florida. Florida courts have

The only issue presented is whether jurisdiction over Tramel

long-arm

individually. The trial court should have dismissed the counts against Tramel in his individual capacity. personal jurisdiction over Tramel D'Angel attempts to obtain under the Florida long-arm

statute, 48.193, Florida Statutes (2005), sections (1)(a),(b), and (f). In order to obtain long-arm jurisdiction, the

complaint must allege sufficient jurisdictional facts to bring the action within one of the statutory requirements and the defendant's activities must also constitute sufficient minimum contacts with Florida. See Ga. Insurers Insolvency Pool v.

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Brewer, 602 So. 2d 1264 (Fla. 1992). of these requirements. First, the Second Amended

D'Angel has not met either

Complaint

fails

to

allege

sufficient facts against Tramel individually to bring him under one of the statutory requirements of section 48.193. D'Angel failed to plead or prove the existence of Second, Tramel's

minimum contacts with Florida sufficient to satisfy due process. Tramel's two business trips to the State and communication with Florida businesses were conducted in his corporate capacity as a representative capacity. of Lady Americana and not in his individual

Therefore, personal jurisdiction cannot be asserted Doe v. Thompson, 620 So. 2d 1004 (Fla. 1993).

against him.

We reverse the trial court's order denying Tramel's motion to dismiss and remand for the trial court to dismiss D'Angel's counts against Tramel, individually, for lack of personal

jurisdiction. Reversed and remanded with directions.

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