HMB ATTORNEYS WIN APPEAL FOR ANTIGUAN TOUR EXCURSION COMPANY
Island Sea-Faris,
Ltd., d/b/a Antigua Sea-Faris Tour Company v. Haughey
Slip
Opinion No. 3D07-25116 (3rd DCA 2008)
Plaintiff filed an action in Florida State Court for injuries allegedly suffered on a Banana Boat excursion operated in Antigua by Antigua Sea-Faris Tour Company ("Antigua"). Plaintiff, while on a cruise purchased her excursion ticket for the Antigua excursion from the cruise company in Puerto Rico. Antigua, which has no offices in Florida and does not solicit business in Florida, filed a motion to dismiss the amended complaint against it for lack of personal jurisdiction. The motion was denied and Antigua filed an appeal with the Third District Court of Appeal. HMB attorneys argued the appeal.
Handing HMB a victory, the 3rd DCA issued an opinion reversing the decision of the trial court, ordering that the action be dismissed against Antigua. In rendering its decision, the Court held that Plaintiff had failed to show that Antigua was engaged in substantial activities in the State of Florida, was carrying on a business or business venture in Florida, was insuring a risk located in Florida. Furthermore, the court held Antigua did not have the minimum contacts with the State of Florida.