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In conclusion permit me to use the language of Judge Grimes
in Osborne v. The University Society, Inc, 378 So. 2d 873 (2nd DCA 1979),
wherein he stated that "a plaintiff may not constitutionally apply the
statute to obtain jurisdiction in the absence of the requisite minimum
contacts with the forum state."
Since this Court is of the opinion that the facts of this case
do not comply with the United States and State Constitutional requirements
of MINIMUM CONTACTS and FAIR PLAY, this Court rules that the Long Arm
Statutes, F.S. 48.181 and F.S. 48.193 are unconstitutional as applied to
the facts of this case and therefore the respective Motions to Dismiss
and the Motion to Quash filed by PLASTIC INDUSTRIES, INC. be and the
same are hereby granted. The parties hereto are allowed ninety (90) days
from the date of this order in which to amend their complaints to allege s
additional jurisdictional facts should they care to do so.
DONE AND ORDERED at Fort Pierce, St. Lucie County, Florida,
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this day of April, 1980.
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HILIP G. OURSE, CIRCUIT. JUDGE
Copies furnished to: J
J. Stephen Tierney, Esq.
John J. Hoy, Esq.
John P. Wiederhold, Esq. F
Vincent A. Lloyd, Esq.
Louis M. Silber, Esq.
Bernard A. Conko, Esq.
1980 APR 28 P8 2~ 09
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