Pres-Cap v. System One

Citation: Pres-Kap, Inc. v. System One, Direct Access, Inc., 636 So.2d 1351 (Fla. App.1994), 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. The defendant had leased computer equipment which it used to access an airline ticketing computer located in Florida. The contract was solicited, negotiated, executed and serviced in New York. 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.

Appellate Court Decision
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.