DANIEL W. HOLLIS AND DAVID J. HARGAS, APPELLANTS/CROSS-APPELLEES,
v.
PEOPLES FEDERAL SAVINGS & LOAN ASSOCIATION OF TARENTUM, PENNSYLVANIA, A PENNSYLVANIA CORPORATION, APPELLEE/CROSS-APPELLANT
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Florida appellate court reversed judgment against guarantors for lack of personal jurisdiction over out-of-state defendants, finding the trial court lacked in personam jurisdiction.
A trial court lacks personal jurisdiction over out-of-state defendants in a guaranty enforcement action absent sufficient minimum contacts with the forum state.
[1] A trial court's judgment on a guaranty enforcement action must be reversed when the court lacks personal jurisdiction over the defendants, rendering all other issues moot…
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Join FLexlaw to unlock all legal intelligenceHollis and Hargas, defendants in a guaranty enforcement action brought by Peoples Federal Savings & Loan Association, appealed a judgment entered agai…
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SHIVERS, Judge.
Appellants Daniel W. Hollis and David J. Hargas, defendants in an action brought by appellee Peoples Federal Savings & Loan Association to enforce guaranty agreements, appeal a final judgment entered in appellee’s favor, and raise three issues on appeal: (1) whether the trial court erred in ruling that it had personal jurisdiction over the appellants/defendants; (2) whether the trial court erred in failing to find the guaranty agreements void for breach of condition; and (3) whether the trial court erred in awarding the appellee/plaintiff attorney’s fees, interest, insurance, taxes, escrow, and prejudgment interest. Peoples cross-appeals, arguing that the trial court erred in calculating the amount of appellants’ liability on the guaranty agreements. Since the facts and issues involved in this appeal are identical to those in companion case No. 87-1362, Renda v. Peoples Federal Savings & Loan Association, we reverse the judgment entered in favor of the appellee on the basis of the trial court’s lack of in personam jurisdiction over the appellants/defendants in accordance with our written opinion in Renda v. Peoples Federal Savings & Loan Association, 538 So. 2d 860 (Fla. 1st DCA 1988). In light of our ruling, we find it unnecessary to address the remaining issues on appeal or the issue on cross appeal.
Accordingly, the trial court’s denial of appellants’ motion to dismiss for lack of jurisdiction is hereby REVERSED.
MILLS and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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MSI Fin. Grp., Inc. v. Veterans Constr. Corp., 645 So. 2d 178 (Fla. 3d DCA 1994)…Moreover, “[a]s a general rule, the guarantor is not liable for attorney’s fees and costs in connection with an action to enforce a guaranty where there is no express provision in the guaranty for such liability-” Kim v. Peoples Federal S & L Ass’n, 538 So. 2d 867, 869-70 (Fla. 1st DCA 1989); see also U.S. Security Marine Credit Corp., 767 [*180] F.Supp. 260, 265 (S.D.Fla.1991). The guaranty agreement in the instant cause, unlike the note, contained no contractual basis providing for attorney’s fees. Moreover…
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Miller v. Reinhart, 548 So. 2d 1174 (Fla. 4th DCA 1989)…unt against Reinhart. Prejudgment interest is an element of compensatory damages. Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985). Prejudgment interest is awarded from the date of loss. Kim v. Peoples Federal Savings & Loan Ass’n., 538 So. 2d 867 (Fla. 1st DCA 1989). The trial court erred when it failed to award prejudgment interest on the money Rein-hart took. The interest should be calculated from the date of each unauthorized taking. When a contract is breached by one of the parties, the…
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Cacciatore v. Fisherman's Wharf Realty Ltd. P'ship, 778 So. 2d 1076 (Fla. 4th DCA 2001)…can be liable for attorney’s fees where there is no express provision for attorney’s fees in the guaranty. Appellant, who is contesting the payment of attorney’s fees, relies on Kim v. Peoples Federal Savings & Loan Ass’n of Taventum, Pennsylvania, 538 So. 2d 867, 869 (Fla. 1st DCA 1989), in which the court denied attorney’s fees to the plaintiff recovering on a guaranty, stating: As a general rule, the guarantor is not liable for attorney’s fees and costs in connection with an action to enforce a guaranty…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Renda v. Peoples Fed. Sav. & Loan Ass'n OF Tarentum, 538 So. 2d 860 (Fla. 1st DCA 1988)