J. JEROME MILLER, APPELLANT,
v.
RICHARD BRAUNSTEIN, ET AL., APPELLEES
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Florida appellate court reversed dismissal of lack-of-jurisdiction motion where complaint failed to allege facts establishing personal jurisdiction over trustee defendant and defendant's affidavit denial was not rebutted sufficiently.
A trial court errs in denying a motion to quash for lack of personal jurisdiction when the complaint fails to allege facts establishing jurisdiction and the defendant's affidavit denying jurisdictional facts is not sufficiently rebutted.
[1] When a defendant affidavits denying jurisdictional facts, the plaintiff's rebuttal must be sufficient to overcome the denial or the motion to quash must be granted.
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Join FLexlaw to unlock all legal intelligencePlaintiffs sued Miller and others for damages regarding misrepresented tax advantages of an investment. The complaint alleged Miller was trustee of a …
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COWART, Judge.
The plaintiffs-appellees sued numerous defendants for damages alleging certain tax advantages of an investment were not as represented. The count against Miller alleges he is trustee of a trust fund for legal services for investors challenged by the Internal Revenue Service. The plaintiffs alleged they demanded that legal services be provided through the fund but that the trustee failed to provide such services. The complaint does not allege the situs of the trust or that Miller is a resident of Florida or has acted in Florida. There are no allegations that Miller, as trustee or otherwise, does business in this state nor are any of the basis for long-arm jurisdiction under section 48.193, Florida Statutes, asserted against Miller. In short, the plaintiffs did not allege facts showing personal jurisdiction of the Florida court over this defendant.
Even if the complaint had been sufficient, Miller, by'affidavit, denied that any specific basis for jurisdiction existed. Plaintiffs’ rebuttal was insufficient to overcome this denial. See Boggs v. Yoder, 546 So. 2d 1097 (Fla. 5th DCA 1989). The trial court therefore erred in denying defendant Miller’s motion to quash and dismiss for lack of jurisdiction. We reverse and re mand with instructions to grant the motion.
REVERSED and REMANDED.
DAUKSCH and COBB, JJ., concur.
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Harris Schwartzberg v. Knobloch, 98 So. 3d 173 (Fla. 2d DCA 2012)…ne, 652 So. 2d 424, 426 (Fla. 2d DCA 1995) (holding that the plaintiff had not established a basis for jurisdiction in Florida over a nonresident trustee where it was not established that the situs of the trust was in Florida); Miller v. Braunstein, 549 So. 2d 797, 797-98 (Fla. 5th DCA 1989) (same). Thus the Appellants have little, if any, connection with Florida other than their indirect interests in the nursing home’s operating company and the interest of some of the New York trusts in the management compan…
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Wallack v. Worldwide Mach. Sales, Inc., 278 F. Supp. 2d 1358 (M.D. Fla. 2003)…, a plaintiff must allege specific, ultimate facts that bring the action within the ambit of the applicable long-arm statute. See John Posey Corp. v. R.J.T. Engineering, Inc., 617 So.2d 441, 443 (Fla. 5th DCA 1993); Miller v. Braunstein, 549 So.2d 797 (Fla. 5th DCA 1989). Plaintiffs bear the burden of alleging sufficient facts to establish the application of the long-arm statute. See Taylor Forge International, Inc. v. Specialty Maintenance & Construction, Inc., 685 So.2d 1360, 1361 (Fla. 2…
Authorities Cited
- Boggs v. Yoder, 546 So. 2d 1097 (Fla. 5th DCA 1989)