KENNETH STERN, AS EXECUTOR OF THE ESTATE OF HARRY STERN, DECEASED, APPELLANT,
v.
JOHN D. COX AND TRACEY S. COX, HIS WIFE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a ruling on personal jurisdiction is premature before a hearing on disputed jurisdictional facts.
[1] A trial court errs by upholding personal jurisdiction over a defendant without holding an evidentiary hearing to resolve contested jurisdictional facts.
[2] A ruling on personal jurisdiction is premature when the trial court has not yet held a hearing or ruled upon disputed jurisdictional facts.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe deceased's estate sought payment for loans made to the granddaughter's husband. The debtors filed suit in Florida seeking a declaratory judgment t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jurisdictional Facts cases and more on FLexlaw
PER CURIAM.
Harry Stern, the deceased, loaned money to John Cox, his granddaughter’s husband, on two separate occasions. After Harry Stern’s death, Kenneth Stern, his son and executor of his estate in New York, demanded payment of these loans together with accrued interest. The Coxes, Florida residents, filed suit in Florida seeking a declaratory judgment adjudicating the two promissory note obligations unenforceable. In support of the jurisdictional allegations of the complaint, John Cox filed his own sworn affidavit. Kenneth Stern filed affidavits contesting the jurisdictional allegations of the complaint. Without holding an evidentiary hearing to resolve the contested jurisdictional facts, the trial court entered an order upholding personal jurisdiction over Stern. The Coxes concede that this was error. Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla.1989).
Stern urges this court to rule that as a matter of law personal jurisdiction cannot be established in this case. However, a ruling on personal jurisdiction would be premature at this juncture since the trial court has not yet held a hearing or ruled upon the disputed jurisdictional facts. Greenberg v. Mahoney Adams & Criser, P.A., 614 So. 2d 604, 605 (Fla. 1st DCA), rev. denied, 624 So. 2d 267 (Fla.1993). Upon remand,1 the parties may attempt to prove, or disprove, jurisdictional allegations, by affidavit, deposition or other proof. Jones v. Jack Maxton Chevrolet, Inc., 484 So. 2d 43, 46 (Fla. 1st DCA 1986). REVERSED and REMANDED for proceedings consistent with this opinion.
BOOTH, MICKLE and VAN NORTWICK, JJ., concur. . Regarding a requirement of connexity under section 48.193, Florida Statutes (1993), the attention of the trial court and the parties is directed to Utility Trailer Mfg., Co. v. Cornett, 526 So. 2d 1064 (Fla. 1st DCA), rev. denied, 534 So. 2d 398 (Fla.1988); City Contract Bus Service, Inc. v. Woody, 515 So. 2d 1354 (Fla. 1st DCA 1987); American Motors Corp. v. Abrahantes, 474 So. 2d 271 (Fla. 3d DCA 1985); see also, Citicorp Ins. Brokers (Marine), Ltd. v. Charman, 635 So. 2d 79 (Fla. 1st DCA 1994).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Plantation-Pioneer Indus. Corp. v. Koehler, 689 So. 2d 1293 (Fla. 4th DCA 1997)…s such that they should be the only method of crystallizing jurisdictional facts. Other competent sworn proof, such as depositions or a verified complaint may substitute for affidavits to support parties’ allegations as to jurisdiction. Stem v. Cox, 651 So. 2d 757 (Fla. 1st DCA 1995); Tobacco Merchants Ass’n v. Broin, 657 So. 2d 939, 941 n. 3 (Fla. 3d DCA 1995). To determine whether long-arm jurisdiction is proper, Venetian Salami requires a two step inquiry. 554 So. 2d at 502. First, the court must determin…
-
Domingo Zapata v. Howett Holdings, Inc., 107 So. 3d 1190 (Fla. 3d DCA 2013)…appealed before the hearing could be conducted. Concluding that Zapata’s appeal is thus premature, we dismiss the appeal without prejudice to either party’s right to appeal following a final ruling on [*1193] personal jurisdiction. See Stern v. Cox, 651 So. 2d 757 (Fla. 1st DCA 1995). Appeal dismissed. .(1) Any person, whether or not a citizen or resident of this state, who personally or through an agent does any of the acts enumerated in this subsection thereby submits himself or herself and, if he or she…
-
Ningbo Daye Garden Mach. Co, Ltd. v. Int'l Global Res. Corp. (Fla. 4th DCA 2024)
Authorities Cited
- Venetian Salami Co. v. J.S. Parthenais, 554 So. 2d 499 (Fla. 1989)
- Citicorp Ins. Brokers (Marine), Ltd. v. J.R. Charman, 635 So. 2d 79 (Fla. 1st DCA 1994)
- Am. Motors Corp. & Jeep Corp. v. Abrahantes, 474 So. 2d 271 (Fla. 3d DCA 1985)
- Daignault v. Allstate Ins. Co., 484 So. 2d 43 (Fla. 5th DCA 1986)
- Greenberg v. Mahoney Adams & Criser, P.A., 614 So. 2d 604 (Fla. 1st DCA 1993)
- The City Contract BUS Serv., Inc. v. H.E. Woody, 515 So. 2d 1354 (Fla. 1st DCA 1987)
- Util. Trailer Mfg. v. Green Cornett and Betty Cornett, 526 So. 2d 1064 (Fla. 1st DCA 1988)