ANDREAS STIHL AG & CO. KG, ETC.,
v.
FRANCISCO VILLATA
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PER CURIAM.
Appellant seeks review of a trial court order denying its motion to dismiss for lack of personal jurisdiction. After review, we reverse and remand with instructions for the trial court to vacate the order denying Appellant’s motion to dismiss and to enter an order dismissing the First Amended Complaint as to Andreas Stihl AG & Co. KG. See Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla. 1989); Tobacco Merchants Ass’n of U.S. v. Broin, 657 So. 2d 939, 941 (Fla. 3d DCA 1995) (holding that where defendant has met its burden of contesting personal jurisdiction by filing a legally sufficient affidavit in support of its position, “the burden is then placed upon the plaintiff to prove by affidavit the basis upon which jurisdiction may be obtained,” and “[i]f no such sworn proof is forthcoming from the plaintiff as to the basis for jurisdiction, the trial court must grant the defendant’s motion to dismiss” (emphasis added) (citation omitted)); Kent v. Marmorstein, 120 So. 3d 604, 606 (Fla. 4th DCA 2013) (holding that, where plaintiff filed only an unsworn response to defendant’s affidavit contesting jurisdiction, plaintiff “failed to meet his burden” to demonstrate jurisdiction).
REVERSED AND REMANDED.
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Wash. Cap. Corp. & Jack Wolgin v. Milandco, Ltd., Inc., 695 So. 2d 838 (Fla. 4th DCA 1997)…egally sufficient affidavit or other similar sworn proof contesting the essential jurisdictional facts. Id.; Wellesley Income Ltd. Partnership IV v. Gemini Equities, Inc., 650 So. 2d 1108, 1110 (Fla. 4th DCA 1995); Tobacco Merchants Assoc. v. Broin, 657 So. 2d 939, 941 (Fla. 3d DCA 1995). The burden then returns to the plaintiff who must, by affidavit or other sworn statement, refute the proof in the defendant’s affidavit. Venetian Salami 554 So. 2d at 502; Unc Ardco, Inc. v. Luckner, 685 So. 2d 29 (Fla. 4th…
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Gilles Rollet v. Gwenaelle de Bizemont, 159 So. 3d 351 (Fla. 3d DCA 2015)…are demonstrated to satisfy due process requirements. Borden v. East-European, Ins. Co., 921 So. 2d 587, 592 (Fla.2006) (quoting Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 502 (Fla.1989)). See also Tobacco Merchants Ass’n of U.S. v. Broin, 657 So. 2d 939, 941 (Fla. 3d DCA 1995). In determining whether the complaint alleges sufficient jurisdictional facts to bring the action within Florida’s long-arm statute, “the trial court must strictly construe the statute in favor of the non-resident defendant[]…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Venetian Salami Co. v. J.S. Parthenais, 554 So. 2d 499 (Fla. 1989)
- Kent v. Marmorstein, 120 So. 3d 604 (Fla. 4th DCA 2013)