UNC ARDCO, INC. AND UNC, INC., APPELLANTS,
v.
EVELYN LUCKNER, APPELLEE
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UNC Ardco, Inc. and Unc, Inc. appealed a trial court's denial of their motion to dismiss for lack of personal jurisdiction in a wrongful termination case under Florida's Whistle-blower's Act. The appellate court reversed as to Unc, Inc. because the plaintiff failed to adequately respond to the corporation's jurisdictional denials with proper affidavits, but affirmed as to Unc Ardco, Inc. because that entity did not properly challenge the plaintiff's jurisdictional allegations.
The court reversed the dismissal of Unc, Inc. because the plaintiff failed to meet her burden of establishing personal jurisdiction through proper affidavits after Unc disputed her allegations; the court affirmed the denial of dismissal as to Unc Ardco, Inc. because that entity did not move to dismiss and its burden was never triggered.
[1] When a defendant properly disputes jurisdictional allegations with an affidavit, the burden shifts to the plaintiff to assert the basis for personal jurisdiction by affid…
[2] Unauthenticated documents are insufficient to establish personal jurisdiction when a defendant has properly challenged jurisdictional allegations.
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 intelligence“Once Unc had properly disputed the plaintiffs allegations, the burden shifted back to the plaintiff to assert, by affidavit, the basis for personal jurisdiction.”
Establishes the procedural burden-shifting framework under the Venetian Salami standard for jurisdictional disputes.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceEvelyn Luckner sued Unc, Inc. (a Delaware corporation) and Unc Ardco, Inc. (a subsidiary) for wrongful termination under Florida's Whistle-blower's Ac…
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STEVENSON, Judge.
The appellants, Unc, Inc. (“Unc”), a Delaware corporation and Unc Ardco, Inc. (“Unc Ardeo”), a separately-incorporated subsidiary of Unc, appeal a non-final order denying Unc’s motion to dismiss for lack of personal jurisdiction. We reverse as to appellant Unc because the plaintiff failed to adequately respond to Unc’s denial of her jurisdictional allegations. We affirm as to appellant Unc Ardco because Unc Ardco did not challenge the plaintiffs jurisdictional allegations.
Evelyn Luekner, the plaintiff below, sued Unc and Unc Ardco under Florida’s Whistle-blower’s Act, sections 448.101-.102, Florida Statutes (1993), alleging that she was terminated from her employment with Unc “and/ or” Unc Ardeo in retaliation for having reported to Unc certain unlawful business practices by Unc Ardco. The tri.al court denied Unc’s motion to dismiss the second amended complaint for lack of personal jurisdiction.
JURISDICTION OVER UNC, INC.
The second amended complaint alleges that Unc is subject to suit in Florida on two separate grounds under Florida’s Long-Arm Statute: (1) Unc allegedly conducts business in Florida; and (2) it allegedly committed a tortious act in Florida; specifically, it sent its Human Resources Director to Florida to wrongfully terminate the plaintiff. See § 48.193(l)(a), (b), Fla.Stat. (1993). In compliance with the procedure laid out in Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 502 (Fla.1989), Unc filed an affidavit disputing these jurisdictional allegations. In particular, the affidavit of Unc’s Vice President, Richard H. Lange, denied that Unc does 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 dismiss. See Votaw, 660 So. 2d at 1172.
JURISDICTION OVER UNC ARDCO, INC.
Unlike Unc, Unc Ardco did not move below to dismiss for lack of personal jurisdic tion. Nor did the affidavit of Unc’s Vice President deny Unc Ardeo’s alleged employer-employee relationship with the plaintiff or its demotion and later termination of her. Consequently, the affidavit in support of the motion to dismiss rebuts only the allegation that Unc was the plaintiffs employer, leaving-intact the allegation that she worked for Unc Ardeo. Unc Ardeo has, therefore, failed to carry its burden of refuting the plaintiffs jurisdictional allegations. See Waye v. Eddings, 638 So. 2d 582 (Fla. 1st DCA 1994). Accordingly, the trial court correctly denied the motion to dismiss the complaint as to appellant Unc Ardeo. See id.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED with direction that the motion to dismiss be granted as to appellant, Unc, Inc. POLEN and SHAHOOD, JJ., concur.
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Wash. Cap. Corp. & Jack Wolgin v. Milandco, Ltd., Inc., 695 So. 2d 838 (Fla. 4th DCA 1997)…v. Broin, 657 So. 2d 939, 941 (Fla. 3d DCA 1995). The burden then returns to the plaintiff who must, by affidavit or other sworn statement, refute the proof in the defendant’s affidavit. Venetian Salami 554 So. 2d at 502; Unc Ardco, Inc. v. Luckner, 685 So. 2d 29 (Fla. 4th DCA 1996); Gemini Equities, 650 So. 2d at 1110. The failure of a plaintiff to refute the allegations of the defendant’s affidavit requires that a motion to dismiss be granted, provided that the defendant’s affidavit properly contested the…
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Belz Investco Ltd. P'ship v. Groupo Immobiliano Cababie, S.A., 721 So. 2d 787 (Fla. 3d DCA 1998)…f to refute the evidence submitted by the defendant, also by affidavit or similar sworn proof. See Venetian Salami Co. v. Parthenais, 554 So. 2d at 502; Washington Capital Corp. v. Milandco, Ltd., Inc., 695 So. 2d at 841; Unc Ardco, Inc. v. Luckner, 685 So. 2d 29 (Fla. 4th DCA 1996). The trial court can resolve the jurisdictional question solely on the basis of the affidavits, so long as they do not conflict. See Venetian Salami Co. v. Parthenais, 554 So. 2d at 502; Washington Capital Corp. v. Milandco, Ltd…
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Geostar and Thomas Robinson v. Harris L. Weinstein, 755 So. 2d 739 (Fla. 4th DCA 2000)…it, the motion to dismiss must be granted, provided the defendant’s affidavit contested the long-arm jurisdiction by legally sufficient facts. Id. at 841; Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 502 (Fla.1989); Une Ardco, Inc. v. Luckner, 685 So. 2d 29, 30 (Fla. 4th DCA 1996); Lampe v. Hoyne, 652 So. 2d 424, 425 (Fla. 2d DCA 1995); Tobacco Merchants Ass’n of U.S. v. Broin, 657 So. 2d 939, 941 n. 4 (Fla. 3d DCA 1995); Unger v. Publisher Entry Serv., Inc., 513 So. 2d 674, 675 (Fla. 5th DCA 1987). I…
Authorities Cited
- Venetian Salami Co. v. J.S. Parthenais, 554 So. 2d 499 (Fla. 1989)
- Mabel v. Waye and Napoleon Waye, 638 So. 2d 582 (Fla. 1st DCA 1994)
- Votaw v. Watkins, 660 So. 2d 1171 (Fla. 4th DCA 1995)