Citation[]
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[]
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[]
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]