PHILIP W. PASSY, SANDRA E. DAVIS, ERIC PERCIVAL, WILLIAM PRESNAIL, BYGONE DAZE CONCEPTS, INC. AND OMNIROCK, INC., APPELLANTS,
v.
A. EUGENE LEWIS, JEFFREY S. WALLACE, STUDEBAKER'S RESOURCE DEVELOPMENT, LTD., AND 299251 BRITISH COLUMBIA, LTD., APPELLEES

Fla. 1st DCA | 1989-11-08
No. 89-820
SHIVERS, C.J., and WENTWORTH, J., concur.
553 So. 2d 223 Florida District Court of Appeal, First District (1989) Positive Treatment
Cited by 6 cases
Topics
Florida Long Arm Statute Service Of Process Personal Jurisdiction Burden Of Proof

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Opinion of the Court
WIGGINTON, Judge.

WIGGINTON, Judge.

Appellants appeal an order denying their motions to dismiss for lack of personal jurisdiction and to quash service of process. We reverse.

Even if the allegations of appellees’ complaint against appellants could be construed as adequate to invoke the pertinent portions of the Florida Long-Arm Statute, Sections 48.193(l)(b), (l)(g) and (2), Florida Statutes, appellants sufficiently controverted those allegations by affidavits and testimony. Consequently, the burden shifted to appellees to show, by a preponderance of the evidence, that appellants were subject to jurisdiction in this state pursuant to those statutes. See Jones v. Jack Maxton Chevrolet, Inc., 484 So. 2d 43 (Fla. 1st DCA 1986) and MacKenzie Insurance Agencies, Inc. v. ATF Lines, 550 So. 2d 174 (Fla. 1st DCA 1989). Appellees clearly failed to meet their burden in this case. Thus, the trial court erred in denying appellants’ motions.

Reversed.

SHIVERS, C.J., and WENTWORTH, J., concur.

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  • Stonepeak P'rs, LP v. Tall Tower Cap., LLC, 231 So. 3d 548 (Fla. 2d DCA 2017)
    …hat Stonepeak committed a tortious act in Florida by breaching its fiduciary duty to Tall Tower. At an evidentiary hearing on personal jurisdiction, the evidence must estabr lish jurisdiction by a preponderance of- the evidence. See Passy v. Lewis, 553 So. 2d 223, 224 (Fla. 1st DCA 1989). We typically conduct a de novo review of an order on a motion to dismiss for lack of personal jurisdiction. See Rautenberg v. Falz, 193 So. 3d 924, 928 (Fla. 2d DCA 2016); Dev. Corp. of Palm Beach v. WBC Constr., L.L.C., 92…
  • Horowitz v. Rose Printing Co., Inc., 664 So. 2d 325 (Fla. 1st DCA 1995)
    …ract by failing to perform acts required by the contract to be performed in Florida, served to defeat the exercise of long-arm jurisdiction over Horowitz. See Tobacco Merchants; Williams v. Martin, 595 So. 2d 164 (Fla. 4th DCA 1992); Passy v. Lewis, 553 So. 2d 223 (Fla. 1st DCA 1989) (even if allegations of complaint could be construed as adequate to invoke long-arm statute, plaintiff nevertheless has burden to prove defendant is subject to jurisdiction where defendant controverted the allegations of the comp…
  • Garrett Blake Beaubien v. Cambridge Consol., Ltd., 652 So. 2d 936 (Fla. 5th DCA 1995)
    …to file a counter affidavit or to refute the affidavit by testimony. As appellants failed to refute the affidavit contesting jurisdiction, they did not meet their burden to prove that use of the long-arm statute was appropriate. See Passy v. Lewis, 553 So. 2d 223 (Fla. 1st DCA 1989), review denied, 563 So. 2d 633 (Fla.1990). The trial court properly granted the motion to dismiss the complaint against Carr. Appellants’ complaint does contain sufficient allegations to give the trial court jurisdiction over Ca…

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