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Pres-Cap v. System One

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Citation Edit

Pres-Kap, Inc. v. System One, Direct Access, Inc., 636 So.2d 1351 (Fla. App.1994) (full-text), review denied, 645 So.2d 455 (Fla. 1994).

Factual Background Edit

Pres-Kap involved a suit on a contract dispute in a Florida court by a Delaware corporation against its New York customer.[1] The defendant had leased computer equipment which it used to access an airline ticketing computer located in Florida.[2] The contract was solicited, negotiated, executed and serviced in New York.[3] The defendant's only contact with Florida consisted of logging onto the computer located in Florida and mailing payments for the leased equipment to Florida.[4]

Appellate Court Proceedings Edit

The decision addressed the exercise of jurisdiction over a consumer of on-line services as opposed to a seller. When a consumer logs onto a server in a foreign jurisdiction he is engaging in a fundamentally different type of contact than an entity that is using the Internet to sell or market products or services to residents of foreign jurisdictions.

A majority of a three-judge state appeals court refused to exercise jurisdiction over a consumer of an on-line airline ticketing service, expressing concern over the implications of subjecting such users to suits in foreign jurisdictions.[5]

ReferencesEdit

  1. 636 So.2d at 1351-52.
  2. Id.
  3. Id. at 1352.
  4. Id. at 1353.
  5. Id. at 1353.

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