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she was sitting collapsed and resulted in her receiving bodily injuries. ~
It is alleged that the base of the chair which collapsed was manu-.
factured by PLASTIC INDUSTRIES, INC. and sold to Mt3ItPHY MILLER, INC.,
who manufactured the rest of the chair and assembled the base onto the
• i
chair and sold and distributed the chair to HALSEY & GRIFFIiH, INC., }
which was the ultimate retail outlet which sold the chair to a bank ~
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where MRS. PICANO was employed at the time of the accident. PLASTIC
t
INDUSTRIES, INC. filed Motions to Dismiss for Lack of In Personam
jurisdiction and Failure to State a Cause of Action, and a Motion to ~
Quash Service of Process. The issue of failure to state a cause of -
action is not before the Court at this time. The Plaintiffs have
alleged personal jurisdiction based on Florida long arm statutes,
Florida Statute 48.181 and Florida Statute 48.193(1)(f)(2), which
cites as follows, to-wit:
-
• 48.181 Service on nonresident engaging is
'business in state.-
' (1) The acceptance by any person or persons. in-
• dividually, or associated together as a copartnership'
nor any other form or type of association, who are •
residents of any other elate or country. and all for-
e~ n corporations, and any person who is a resident ~ i
ot~the state and who eubsequentlybecomes a nonrea- - t
ident of the state or conceals his whereabouts, of the
- privilege extended by law to nonresidents and others
to operate. conduct, engage in, or carry on o business ;
or business venture in the state. or to have an o(rice
or agency in the state. Constitutes an apppoointment
by the persons and foreign corporations of the secre
Lary of state of the state as their agent on whom all ~ ,
process in any action or proceeding against them. or
any of them, arising out of any transaction or opera-
tion connected with or incidental to the business or
business venture may be served. The acceptance of }
the privilege is signification of the agreement of the
persons and fore n corporations that the process
• against diem whir is so served is of the same validi•
ty as if served perwnally on the persons or foreign
corporations.
(2) If a fornign corporation has a resident agent
• or.officer in the state. process shall be served on the t
' resident agent or officer. -
(3) Any person, firm or corporation which sells '
. consigns. or leases by any means whatsoever tangi•
ble or intangible personal property. through tiro- .
leers, obbers, wholesalers, or distributors to any per
son. firm. or corporation in this state shall be conclu• •
sively presumed to be operating, conductin . engatt•
ing in or carrying on a businea venture in ~is state.
48.1f)3 Acta subjecting persorm to juriadio•
lion of courts of state.-
(1) ~ -j
to Causes injury to persons or property within
this state arising out of an act or omission outside of
this state by the defendant, provided that et the time
of the ~ ;
njurfy either: • . . •
2. Products, materials, or things processed, ser-
vired, or manufactured by the defendant anywhere
M'C:re used or consumed within this state in the ordi-
narycourse of commerce. trade. or use. sad tha use
or consumption resulted is the Injury. "
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