WEN HSU, ET AL.
v.
SARIAH ATASSI

Fla. 3d DCA | 2026-03-25
No. 2025-0410
2026 FL 3233 Florida District Court of Appeal, Third District (2026) Positive Treatment
Cited by 5 cases

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Synopsis

The Third District Court of Appeal affirmed a lower court's decision, finding that the appellants were subject to specific jurisdiction in Florida. The court applied Florida's long-arm statute and due process requirements, concluding that the appellants' alleged actions created sufficient minimum contacts with the state.


Holding

The court held that the appellants were subject to specific jurisdiction in Florida. The court found that the allegations in the operative complaint were sufficient to bring the action within the ambit of the long-arm statute and that sufficient minimum contacts were demonstrated to satisfy due process.


Headnotes

[1] A non-resident may be subject to specific jurisdiction in Florida if they operate a business in the state or commit a tortious act within the state.

[2] To establish long-arm jurisdiction, a court must first determine if the complaint alleges sufficient jurisdictional facts to fall within the long-arm statute, and then as…

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Key Quotes

“a non-resident may be subject to specific jurisdiction if it committed any of the acts listed in the statute, including “[o]perating, conducting, engaging in, or carrying on a business or business venture in this state or having an office or agency in this state" and "committing a tortious act within this state””

This quote explains the basis for specific jurisdiction under Florida's long-arm statute.

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Facts & Procedural History

The case involves appellants who challenged the lower court's exercise of personal jurisdiction over them. The specific facts leading to the lawsuit a…

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Opinion of the Court

PER CURIAM.

Affirmed. See § 48.193(1)(a)(1)-(2), Fla. Stat. (2025) (a non-resident may be subject to specific jurisdiction if it committed any of the acts listed in the statute, including “[o]perating, conducting, engaging in, or carrying on a business or business venture in this state or having an office or agency in this state" and "committing a tortious act within this state”); Robinson Helicopter Co., Inc. v. Gangapersaud, 346 So. 3d 134, 138-39 (Fla. 2d DCA 2022)("First, the court must determine whether the operative complaint 'alleges sufficient jurisdictional facts to bring the action within the ambit of the [long-arm] statute.' . . . '[I]f it does, the next inquiry is whether sufficient "minimum contacts” are demonstrated to satisfy due process requirements.” (citing Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 502 (Fla. 1989)); Arlington Pebble Creek, LLC v. Campus Edge Condo. Ass’n, Inc., 232 So. 3d 502, 505 (Fla. 1st DCA 2017) (“[A] party seeking to establish fraudulent misrepresentation [must prove]: (1) a false statement concerning a material fact; (2) the representor's knowledge that the representation is false; (3) an intention that the representation induce another to act on it; and (4) consequent injury by the party acting in reliance on the representation."); Wendt v. Horowitz, 822 So. 2d 1252, 1257-59 (Fla. 2002) (providing that sufficient minimum contacts include "telephonic, electronic, or written communications into Florida from outside the State”, without the need for the responding litigant to have been physically present in the state of the alleged cause of action arising from the specific communications); Ileyac Shipping. Ltd. v. Riera-Gomez, 899 So. 2d 1230, 1232 (Fla. 3d DCA 2005) (finding that even a single act connecting the responding litigant with Florida may justify long-arm personal jurisdiction when the single act creates a sufficient minimum connection to Florida); Acquadro v. Bergeron, 851 So. 2d 665, 672 (Fla. 2003) (“In order to prevail on a motion to dismiss [on grounds of lack of jurisdiction over the person], a defendant must file an affidavit containing allegations, which if taken as true, show that the defendant's conduct does not make him or her amenable to service. Additionally, the affidavits submitted must contain something 'more than assertion of legal conclusions[]' [otherwise the burden of proof of the existence of jurisdiction does not shift back to the plaintiff].").


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