2-2 Florida's Long-Arm Statute

• Jurisdiction: United States

2-2 Florida's Long-Arm Statute

Florida's long-arm statute⁵ lists various acts that will subject an out-of-state defendant to suit in Florida. Of these, the ones most likely to be applicable in a legal malpractice lawsuit are:

1) carrying on a business, or having an office, in Florida [paragraph (1)(a) of the statute];
2) committing a tortious act in Florida [paragraph (1)(b) of the statute];
3) causing injury to persons or property in Florida by an act committed outside Florida and the defendant was engaged in either "solicitation or service activities" in Florida [paragraph (1)(f) of the statute]; and
4) failing to perform acts in Florida required by a contract [paragraph (1)(g) of the statute].⁶

Thus, for example, in Windels, Marx, Davies & Ives v. Solitron Devices, Inc.,⁷ a law firm was retained monthly by a client over a period of several years. Finding a "record of substantial activity in Florida,"⁸ the court, on the basis of paragraph (1)(a), had no difficulty denying the law firm's motion to abate.⁹

In Prince Lobel Glovsky & Tye, LLP v. Zalis,¹⁰ the court relied on paragraph 1(b) to find jurisdiction existed over a Massachusetts law firm.¹¹ Judge Shepherd dissented due to the fact that the allegedly tortious acts committed in Florida were performed by an "of counsel" lawyer whose authority to bind the firm was disputed.¹²

In Sure Fill &...