AG ROTORS, INC. APPELLANT,
v.
HAVERFIELD CORPORATION, F/K/A HAVERFIELD AVIATION, INC., APPELLEE
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AG Rotors, a Pennsylvania corporation, appeals from a denial of its motion to abate for lack of personal jurisdiction in a tortious interference case brought by Florida corporation Haverfield. The court remands for an evidentiary hearing to resolve conflicting affidavits about whether AG Rotors committed a tortious act within Florida.
When a defendant contests jurisdiction by filing affidavits and the respective affidavits are in direct conflict on whether a tortious act occurred within the state, the trial court must hold a limited evidentiary hearing to resolve the factual dispute rather than ruling on the motion based on affidavits alone.
[1] A court must hold an evidentiary hearing to resolve disputed issues of fact when ruling on a motion to dismiss for lack of personal jurisdiction.
[2] A court's order denying a motion to dismiss for lack of personal jurisdiction is reviewed de novo.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A plaintiff may seek to obtain jurisdiction over a nonresident defendant by pleading the basis for service in the language of the statute [...] A defendant wishing to contest the allegations of the complaint concerning jurisdiction must file affidavits in support of this position [...] The burden is then placed upon the plaintiff to prove by affidavit the basis on which jurisdiction may be obtained.”
Establishes the procedural framework for contesting personal jurisdiction in Florida—affidavits from both sides with burden on plaintiff to prove jurisdiction.
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Join FLexlaw to unlock all legal intelligenceHaverfield Corp., a Florida corporation, sued AG Rotors, a Pennsylvania corporation, for tortious interference with contract, conspiracy, and unfair c…
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PER CURIAM.
The defendant, AG Rotors, Inc., appeals from a non-final order denying its motion to abate the action for lack of personal jurisdiction. We remand the case with directions that the trial judge hold an evidentiary hearing on the issue.
The plaintiff, Haverfield Corp., is a Florida corporation; the defendant, AG Rotors, is a Pennsylvania corporation. An employee of Haverfield, J. Rodney Horn, who had signed a covenant not to compete, subsequently left Haverfield and went to work for AG Rotors. In addition to suing Horn, Haverfield sued AG Rotors, alleging tortious interference with a contractual relationship, conspiracy, and unfair competition.
A plaintiff may seek to obtain jurisdiction over a nonresident defendant by pleading the basis for service in the language of the statute. Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 503 (Fla. 1989). A defendant wishing to contest the allegations of the complaint concerning jurisdiction must file affidavits in support of this position. Id. The burden is then placed upon the plaintiff to prove by affidavit the basis on which jurisdiction may be obtained. Id. The parties in the case at bar have followed this procedure.
Haverfield’s complaint alleged that the Florida court had jurisdiction over AG Rotors on the basis of Florida’s long-arm statute, § 48.193(l)(b), which subjects to the jurisdiction of Florida courts any person who commits a tortious act within this state. Haverfield alleged that AG Rotors committed a tortious act within Florida by intentionally interfering with Haverfield’s employment contract with Horn, thereby causing injury to Haverfield in Florida.
AG Rotors’ affidavit denied that it ever initiated any contact with Horn, that it ever traveled to Florida, or that it in any way enticed or encouraged Horn to terminate his employment with Haverfield. Haver-field’s affidavit in response incorporated the allegations of its amended complaint.
Venetian Salami, 554 So. 2d at 503, further determined that, where the respective affidavits are in direct conflict, the trial court should hold a limited evidentiary hearing. In the case at bar, the respective affidavits are in direct conflict as to whether or not AG Rotors committed a tortious act in Florida. Therefore we are remanding the case so that the necessary evidentiary hearing may be held.
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Belz Investco Ltd. P'ship v. Groupo Immobiliano Cababie, S.A., 721 So. 2d 787 (Fla. 3d DCA 1998)…facts to bring the action within the ambit of the long-arm statute. See Venetian Salami Co. v. Parthenais, 554 So. 2d at 502; Washington Capital Corp. v. Milandco, Ltd., Inc., 695 So. 2d 838 (Fla. 4th DCA 1997); AG Rotors, Inc. v. Haverfield Corp., 585 So. 2d 429 (Fla. 3d DCA 1991). This may be done by alleging facts sufficient to show that the defendant’s actions fit within one or more of the subsections of Florida’s long-arm statute. See Washington Capital Corp. v. Milandco, Ltd., Inc., 695 So. 2d at 841.…
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Tobacco Merchs. Ass'n of the United States v. Appellant, 657 So. 2d 9394 (Fla. 3d DCA 1995)…legally sufficient affidavit in support of his position. “The burden is then placed upon the plaintiff to prove by affidavit the basis upon which jurisdiction may be obtained.” Venetian Salami, 554 So. 2d at 502; AG Rotors, Inc. v. Haverfield Corp., 585 So. 2d 429 (Fla. 3d DCA 1991).3 If 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.4 Williams v. Martin, 595 So. 2d 164, 165 (Fla. 4th DCA 1992). If the plaint…
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Collins v. Orianne Cevey Collins Mejjati Bates (Fla. 3d DCA 2022)
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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)