The Schumacher Group of Delaware, Inc. v. Dictan
In a medical malpractice/wrongful death case, plaintiff added a Delaware holding company parent of Florida operating entities as a defendant. The Third DCA reversed the denial of the parent's motion to dismiss, holding that none of the asserted bases satisfied Florida's long-arm statute: the parent was the insured (not an insurer) under section 48.193(1)(a)(4); shared nonentity trademarks used by affiliates cannot constitute the parent's business venture or agent in Florida; and nothing in the record connected the treating physician (an independent contractor of a twice-removed subsidiary) to the parent.
Key facts
- Plaintiff sued a Delaware holding company parent as a defendant in a medical malpractice/wrongful death case involving a Florida medical practice operated by the parent's subsidiaries.
- The trial court denied the parent's motion to dismiss for lack of personal jurisdiction.
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Why it matters
This is a useful defense-side authority for foreign parent holding companies sued in Florida through their operating subsidiaries. It supplies rare Florida appellate authority that (1) the 'contracting to insure'… — full analysis with a trial
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