Boswell v. Boswell (902 So. 2d 844, 2005)

KLEIN, J.

This is an appeal from an order dismissing a complaint for lack of personal jurisdictional over two individual non-resident defendants, Brad Boswell and Amy Boswell-Dewane, in a shareholder derivative action, brought on behalf of ISCO Holding Company, Inc.

Plaintiffs allege that these two defendants, who are directors of ISCO, committed torts which caused injury in Florida and are subject to personal jurisdiction under section 48.193(1)(b), Florida Statutes (2004). ISCO, however, which is the injured entity in this shareholder derivative action, Lane v. Head, 566 So.2d 508 (Fla.1990), is incorporated in Missouri, and has its principal place of business in Missouri. The trial court found after an evi-dentiary hearing that any injury to ISCO would have occurred in Missouri, and accordingly section 48.193(1)(b), would not give Florida long-arm jurisdiction. We agree. Posner v. Essex Ins. Co., 178 F.3d 1209 (11th Cir.1999) (Florida did not have personal jurisdiction in minority shareholder’s claim of mismanagement against a Bermuda corporation and its majority shareholder; any injury to Bermuda corporation occurred in the company’s principle place of business, Bermuda or Pennsylvania); Int’l Hous., Ltd. v. Rafidain Bank Iraq, 893 F.2d 8, 11 (2d Cir.1989) (“An injury to a corporation occurs in some legally significant situs, for instance, the place of incorporation.”); Becker v. Hooshmand, 841 So.2d 561 (Fla. 4th DCA 2003) (a cause of action in tort arises where injury to plaintiff first occurs).

We have considered the plaintiffs’ remaining arguments on personal jurisdiction, but find them to be without merit. Affirmed.

POLEN and SHAHOOD, JJ., concur.