A TO Z GIFTS AND MORE, LLC, Etc. v. MERCHANT DATA SYSTEMS LLC, Etc.
CourtDistrict Court of Appeal of Florida
Date FiledMay 13, 2020
Docket3D19-2070
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed May 13, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-2070
Lower Tribunal No. 18-7093
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A to Z Gifts & More, LLC, etc., et al.,
Appellants,
vs.
Merchant Data Systems, LLC, etc.,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, John W. Thornton, Jr., Judge.
Steinberg & Associates, P.A., and Richard L. Steinberg, for appellants.
L.M. Schneider Law, P.A., and Leslie Mark Schneider (Fort Lauderdale), for
appellee.
Before LOGUE, HENDON, and LOBREE, JJ.
PER CURIAM.
Affirmed. See Global Satellite Commcโn Co. v. Sudline, 849 So. 2d 466, 469
(Fla. 4th DCA 2003) (โ[T]he failure to pay money in Florida, standing alone, would
not suffice to obtain jurisdiction over a nonresident defendant. But, where a
requirement to pay money in Florida has been coupled with a Florida venue selection
clause in a contract, courts have held that the nonresident defendant should
reasonably expect to be haled into court in Florida.โ (citations omitted)); Intel-Pas,
Inc. v. Jones, 389 So. 2d 1085, 1086 (Fla. 3d DCA 1980) (holding that when
agreement โis silent as to the place of payment,โ โ[t]he law then implies that payment
is to be made where the payee resides or has an established place of business and
where payment under the contract may be madeโ).
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