The builder, Lexington Homes Inc., sued Siskind in Florida's Sixth Judicial Circuit. Siskind, not a Florida resident, asked the court to dismiss the case for lack of personal jurisdiction. The court granted the request, finding that the nature and quality of Siskind's activity in maintaining the site did not support the minimum contacts required for the exercise of personal jurisdiction. It said:
"Under these facts, this court cannot find that the defendant 'purposefully directed' its activities at residents of the forum state. Mere maintenance of a website accessible in Florida is not enough to create jurisdiction, and the contacts that tie the defendant to Florida must be particular and specific and not merely contacts that link the defendant with equal strength to all states. … Websites accessibIe in the state of Florida do not create jurisdiction absent some sort of active solicitation of activity in the State of Florida."This is not an appellate case, but it is noteworthy. The court declined to find jurisdiction even though the Web site grew out of deal gone bad in Florida and targeted a Florida company's business practices. The court made the right call, in my opinion.
The decision, issued Nov. 2, 2005, is not available at the court's Web site, as far as I could determine, so I have posted the PDF version here.
Thanks for bringing this to my attention to Marc John Randazza of Weston, Garrou, DeWitt & Walters, Altamonte Springs, Fla.