BILL MANSFIELD MOTORS, INC., A FOREIGN CORPORATION, APPELLANT,
v.
AMERICAN DENTAL PROGRAM, APPELLEE
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PER CURIAM.
We reverse on the authority of Cookbook Publishers, Inc. v. American Dental Program, 559 So. 2d 1301 (Fla. 4th DCA 1990). In the instant case, the pertinent facts with regard to the issue of whether the defendant had sufficient “minimum contacts” with the state of Florida are essentially the same as in Cookbook Publishers. As in Cookbook Publishers, the trial court in the instant case erroneously found that American Dental Program demonstrated that the defendant had sufficient “minimum contacts” with the State of Florida thereby satisfying due process requirements for personal service over the defendant. Based on this erroneous conclusion, the trial court erred in denying the defendant’s motions to dismiss for lack of personal jurisdiction and to quash service of process, and again at trial in finding that the trial court had personal jurisdiction over the defendant pursuant to Section 48.193(l)(g) Florida Statutes (1989). Accordingly, the Final Judgment awarding damages to the appellee is reversed.
REVERSED.
LETTS, GLICKSTEIN and GUNTHER, JJ., concur.
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Kirsch v. Kirsch, 933 So. 2d 623 (Fla. 4th DCA 2006)…atent ambiguity is said to exist where a contract fails to specify the rights or duties of the parties in certain situations and extrinsic evidence is necessary for interpretation or a choice between two possible meanings.’ ” Albertson v. Albertson, 566 So. 2d 606, 608 (Fla. 4th DCA 1990) (quoting Forest Hills Utils., Inc. v. Pasco County, 536 So. 2d 1117, 1119 (Fla. 2d DCA 1988)). Where there is a latent ambiguity, the court may consider parol evidence, including “evidence as to the interpretation which the…
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Laser Elec. Contractors, Inc. v. C.E.S. Indus., Inc., 573 So. 2d 1081 (Fla. 4th DCA 1991)…the motion to dismiss as to Laser was proper. We note that the instant case is distinguishable from Cookbook Publishers, Inc. v. American Dental Program, 559 So. 2d 1301 (Fla. 4th DCA 1990) and Bill Mansfield Motors, Inc. v. American Dental Program, 566 So. 2d 606 (Fla. 4th DCA 1990), as the motions to dismiss in those cases were accompanied by affidavits, and thus raised a contention of minimum contacts. We reverse that portion of the lower court’s order which denied the appellants’ motion to dismiss as to…
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- Cookbook Publishers, Inc. v. Am. Dental Program, 559 So. 2d 1301 (Fla. 4th DCA 1990)