AMERICAN REALTY CO., A PARTNERSHIP ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF OHIO, APPELLANT,
v.
EDWARD S. GWIN AND JEANETTE A. GWIN, APPELLEES
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PER CURIAM.
This is an appeal from an order denying the appellant’s motion to quash service of process under the long arm statute, Section 48.193(1)(a), Florida Statutes (1977). Although there were some unsworn allegations in the complaint which might have supported the trial court’s ruling, the appellant filed a sworn affidavit factually controverting each of those allegations. The appellees did not respond to the affidavit filed by appellant. Under such circumstances, where one party has demonstrated by uncontradicted sworn proof that Florida courts have no jurisdiction, a motion to quash should be granted. Elmex Corp. v. Atlantic Federal Savings and Loan Association of Fort Lauderdale, 325 So. 2d 58 (Fla. 4th DCA 1976). Accordingly, the order of the trial court is reversed.
DOWNEY, C. J., and ANSTEAD and BERANEK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Am. Realty Co. v. Gwin, 407 So. 2d 981 (Fla. 4th DCA 1981)…served on John D. Brown, a partner of American Realty. American Realty filed a motion to dismiss and quash service of process which the lower court denied. American Realty appealed that order and this court reversed. American Realty Company v. Gwin, 374 So. 2d 643 (Fla. 4th DCA 1979). The plaintiffs filed an amended complaint which alleged in part: 3. The Defendant American Realty Company is a partnership organized and existing under the laws of the State of Ohio engaged '.in business in the State of Florid…
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Compania Helvetica de Navegacion S.A. v. Zorilla, 479 So. 2d 855 (Fla. 3d DCA 1985)…has filed sworn affidavits controverting the facts as alleged. Underwood v. University of Kentucky, 390 So. 2d 433 (Fla. 3d DCA 1980); Caribe & Panama Investments, S.A. v. Christensen, 375 So. 2d 601 (Fla. 3d DCA 1979); American Realty Co. v. Gwin, 374 So. 2d 643 (Fla. 4th DCA 1979). Second, there is no showing of any minimum contact with the State of Florida to justify substitute longarm service. Corley v. Milliken, 389 So. 2d 976 (Fla.1980); Moo Young v. Air Canada, 445 So. 2d 1102 (Fla. 4th DCA 1984); Na…
Authorities Cited
- The Elmex Corp. v. Atl. Fed. Sav. & Loan Ass'n OF Fort Lauderdale, 325 So. 2d 58 (Fla. 4th DCA 1976)