Civil Procedure I, Pages 176–178

Gibbons v. Brown

Second District Court of Appeal of Florida, 1998


Defendant sued plaintiff's husband in Florida for an auto accident in Montreal two years prior. Plaintiff now sues defendant in Florida concerning the same accident.


Does bringing a suit in a court allow one to be sued there?

Plaintiff's Argument:

Defendant has subjected herself to the personal jurisdiction of the Florida court by her prior lawsuit.


A defendant must have substantial and not isolated activity within Florida to be subject to its courts' jurisdiction.


Defendant sued years ago, but plaintiff was not a party to that lawsuit. That doesn't make defendant liable here to lawsuits from anyone forever. Defendant no longer substantial and not isolated activity within the state.


No, one must have additional recent activity as well.


States' long-arm statutes can impose further restrictions than just meeting due process.