CHARLES VOTAW AND SHIRLEY VOTAW, HIS WIFE, APPELLANTS,
v.
ROGER L. WATKINS, OUTER BEACHES REALTY, INC., AND TRANSATLANTIC BUILDERS, INC., APPELLEES; OUTER BEACHES REALTY, INC., APPELLANT, V. ROGER L. WATKINS, CHARLES VOTAW AND SHIRLEY VOTAW, HIS WIFE, AND TRANSATLANTIC BUILDERS, INC., APPELLEES
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PER CURIAM.
The Votaws are residents of North Carolina and own residential property there which is managed by Outer Beaches, a North Carolina corporation. Watkins, who was injured on the Votaw’s property in North Carolina, brought this lawsuit against the Vo-taws and Outer Beaches in Florida. The Votaws and Outer Beaches moved to dismiss for lack of personal jurisdiction, the trial court denied the motion, and they filed separate appeals which we consolidate.
Athough Watkins’ complaint contained allegations to the effect that appellants were doing business in Florida, appellants filed affidavits which refuted these allegations, which then placed the burden on Watkins to prove the basis of long arm jurisdiction. Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla.1989). Watkins did not sufficiently refute the proof contained in appellants’ affidavits either by affidavit or at an evidentiary hearing. The trial court therefore erred in denying the motions to dismiss.
Reversed.
KLEIN, STEVENSON and SHAHOOD, JJ., concur.
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UNC Ardco, Inc. v. Luckner, 685 So. 2d 29 (Fla. 4th DCA 1996)…any business in Florida or that it had employed the plaintiff. Once Unc had properly disputed the plaintiffs allegations, the burden shifted back to the plaintiff to assert, by affidavit, the basis for personal jurisdiction. Id.; Votaw v. Watkins, 660 So. 2d 1171, 1172 (Fla. 4th DCA 1995). The plaintiffs presentation to the trial court of two unauthenticated paychecks purportedly issued from Unc to the plaintiff was insufficient to meet this burden. Therefore, the trial court erred in denying Unc’s motion to…
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McLANE v. The Auto. Res. Network Holdings, Inc., 178 So. 3d 525 (Fla. 4th DCA 2015)…cause of action and properly alleged personal jurisdiction as to McLane, ARNH did not provide an affidavit or. any evidence that refuted McLane’s affidavit. See Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 602-03 (Fla.1989); Votaw v. Watkins, 660 So. 2d 1171 (Fla. 4th DCA 1995) (holding-that the trial court erred in denying a motion to dismiss where plaintiff did not refute the proof in defendants’ affidavits contesting jurisdiction either by affidavit or at an evidentiary hearing).- Reiterating factual…
Authorities Cited
- Venetian Salami Co. v. J.S. Parthenais, 554 So. 2d 499 (Fla. 1989)