HANS BIERNATH, APPELLANT,
v.
FIRST NATIONAL BANK AND TRUST OF BEVERLY, NEW JERSEY, APPELLEE

Fla. 3d DCA | 1988-09-06
No. 87-2877
Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.
530 So. 2d 505 Florida District Court of Appeal, Third District (1988)


Opinion of the Court
PER CURIAM.

PER CURIAM.

The order appealed dismisses a complaint for lack of in personam jurisdiction over a properly served defendant where full discovery on jurisdictional issues was frustrated. We reverse on the appellant’s first point without reaching other procedural questions.1 A plaintiff may seek non-party discovery as to issues of jurisdiction over the defendant. See F. Hoffmann LaRoche & Co., Ltd. v. Felix, 512 So. 2d 997 (Fla. 3d DCA 1987).

REVERSED AND REMANDED.

. Recent cases of this court may guide a resolution of the remaining jurisdictional issues. See Pipkin v. Wiggins, 526 So. 2d 1002 (Fla. 3d DCA 1988) (long-arm jurisdiction does not require defendant/tortfeasor’s physical presence in the state) and EJ. Sales & Service, Inc. v. Southeast First Natl Bank of Miami, 415 So. 2d 906 (Fla. 3d DCA 1982) (cause of action for conversion accrues where funds were wrongfully acquired).


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