Wednesday, August 9, 2006
Case Law Development: Cell Phoone and Text Messages Insufficient to Establish Minimum Contacts for Personal Jurisdiction in Protection Order Case
In a case in which Husband's only contacts with Wife while she was in Florida were voice and text messages left on her cellular telephone while she was present in Florida, the Florida Court of Appeals held that these contacts were insufficient to establish personal jurisdiction over Husband in order to enter a protective order against him. The court found that there was no evidence that Husband knew that Wife was present in Florida at the time he left the messages on her cellular phone (the phone number was a Maryland number). Thus the order of protection was reversed for lack of jurisdiction. The court went on to explain that Wife was not without protection, because if she obtained a protective order against Husband in Maryland (where he resided), under VAWA and Florida statutes, Florida would be required to give the order full faith and credit and to enforce the order whether or not it was registered in Florida.
Becker v. Johnson, 2006 Fla. App. LEXIS 13194 (August 8, 2006)
Opinion on the web (last visited August 9, 2006 bgf)