W. MARK SANDERS, INDIVIDUALLY AND AS BENEFICIARY OF THE 10730 CORY LAKE DRIVE LAND TRUST; STRONG PORTFOLIO HOLDINGS, LLC; DIVERSIFIED FUNDS, LLC; INTERNATIONAL INVESTMENTS OF N. AMERICA, INC.; AND BROOKE SLOANE PROPERTIES, LLC, APPELLANTS,
v.
WELLS FARGO BANK, N.A.; CORY LAKE ISLES PROPERTY OWNERS ASSOCIATION JOHN GREESON ; JAMES SCOTT; AND UNKNOWN BENEFICIARIES OF 10730 CORY LAKE DRIVE LAND TRUST, APPELLEES.

Fla. 2d DCA | 2019-02-20
No. Case No. 2D18-1561
266 So. 3d 841 Florida District Court of Appeal, Second District (2019)

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Synopsis

The court reversed the denial of a motion to dismiss for lack of personal jurisdiction, finding that the plaintiffs' amended complaint did not establish that the foreign trustee committed a tortious act in Florida under the long-arm statute.


Holding

A Florida court cannot assert personal jurisdiction over a foreign trustee under the long-arm statute when the complaint fails to allege a tortious act committed within Florida.


Facts & Procedural History

Beneficiaries of a New York trust, administered in New Jersey, sued the trustee for breach of fiduciary duty, alleging mismanagement of funds and fail…

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