Gibbons v Brown

1998

Venue: FL Ct. App

Facts: Ms. Gibbons and the Browns are driving in Canada. Gibbons gives directions to Mr. Brown. Somehow they end up going the wrong way down a 1-way street. Head-on collision, passengers hurt.

Posture: Gibbons, of TX, sues Mr. Brown in FL 2 years ago. Now Mrs. Brown sues Gibbons, also in FL. Motion to dismiss.

Issue: Does the complaint allege facts sufficient to satisfy the FL long-arm statute?

Holding: No. Dismiss.

Rule: First, you must allege enough facts to get within the statute, then we'll do the minimum contacts analysis.

Reasoning: Just because the other suit proceeded, that doesn't mean that the former plaintiff (now defendant) has indefinitely consented to jurisdiction here. That action was over and done with. And Mrs. Brown wasn't a party to it.

Dicta: