MICHAEL SIMS AND MARIJO MARSH, A/K/A MARIJO GORDON, APPELLANT,
v.
DONALD SUTTON, JR., APPELLEE
PER CURIAM.
A plaintiff seeking to subject a nonresident defendant to the jurisdiction of the court via a long-arm statute does not satisfy the requirement of Section 48.193(l)(g), Florida Statutes (1983) by alleging facts which show only a possibility of jurisdiction. In the face of a meritorious challenge by way of a motion to quash service of process and abate for lack of personal jurisdiction, supported by affidavits, the plaintiff has to prove jurisdiction over the person by opposing affidavits, testimony or documents. Investors Associates, Inc. v. Moss, 441 So. 2d 1144 (Fla.3d DCA 1983); Hyco Manufacturing Co. v. Rotex International Corp., 355 So. 2d 471 (Fla.3d DCA 1978). Reversed and remanded with directions to dismiss.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
AETNA Life & Cas. Co. v. Therm-O-Disc, Inc., 488 So. 2d 83 (Fla. 1st DCA 1986)…445 (Fla. 4th DCA 1978). If the plaintiff’s allegations in support of jurisdiction are challenged, and that challenge is supported by affidavit, plaintiff must then support its jurisdictional allegations by affidavit or oth'er proof. Sims v. Sutton, 451 So. 2d 931 (Fla. 3d DCA 1984); Newton v. Bryan, 433 So. 2d 577 (Fla. 5th DCA 1983); Hickok Teaching Systems, Inc. v. Equitech Training Systems, Inc., 421 So. 2d 772 (Fla. 4th DCA 1982); and Cosmopolitan Health Spa, Inc. v. Health Industries, Inc., 362 So. 2d 3…
-
Lucinda M. Holton v. Prosperity Bank OF ST. Augustine, 602 So. 2d 659 (Fla. 5th DCA 1992)…by alleging facts which show only a possibility of jurisdiction. In the face of a meritorious challenge supported by affidavits, the plaintiff has to prove jurisdiction over the person by opposing affidavits, testimony or documents. Sims v. Sutton, 451 So. 2d 931 (Fla. 3d DCA 1984); Investors Associates, Inc. v. Moss, 441 So. 2d 1144 (Fla. 3d DCA 1983); see also, Hyco Mfg. Co. v. Rotex Intern. Corp., 355 So. 2d 471 (Fla. 3d DCA 1978). In Investors Associates, Inc., the plaintiff filed a complaint alleging a…
-
W.C.T.U. Ry. Co. v. Szilagyi, 511 So. 2d 727 (Fla. 3d DCA 1987)…See Lewis 352 So. 2d at 864; Phoenix Trimming, Inc., 431 So. 2d at 200; Compania Anonima Simantob, 373 So. 2d at 71. Since Szilagyi offered no proof but chose instead to rely upon her complaint, she failed to satisfy that burden. See Sims v. Sutton, 451 So. 2d 931, 931 (Fla.3d DCA 1984) (“In the face of a meritorious challenge by way of a motion to quash service of process and abate for lack of personal jurisdiction supported by affidavits, the plaintiff has to prove jurisdiction over the person by opposing a…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hyco Mfg. Co. v. Rotex Int'l Corp., 355 So. 2d 471 (Fla. 3d DCA 1978)
- Invs. Assocs., Inc. v. Moss, 441 So. 2d 1144 (Fla. 3d DCA 1983)