MAINLAND TRANSPORT, INC., A FLORIDA CORPORATION, APPELLANT,
v.
WILLIAM DIETZ, C.P.A., AND DIETZ & COMPANY, APPELLEES

Fla. 2d DCA | 1997-04-18
No. 96-02624
ALTENBERND and FULMER, JJ., concur.
691 So. 2d 642 Florida District Court of Appeal, Second District (1997) Positive Treatment
Cited by 2 cases

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Synopsis

Mainland Transport appeals the dismissal of its complaint against Ohio-based defendants for lack of in personam jurisdiction. The court reversed, holding that conflicting affidavits on minimum contacts with Florida required an evidentiary hearing rather than dismissal on the motion to dismiss record.


Holding

The court reversed the dismissal and remanded for an evidentiary hearing, holding that when affidavits directly conflict on relevant jurisdictional facts, the trial court must hold an evidentiary hearing on the limited issue of jurisdiction rather than dismiss the complaint.


Headnotes

[1] A trial court must hold an evidentiary hearing on the issue of jurisdiction when affidavits submitted by opposing parties directly conflict on relevant facts.

[2] A plaintiff must allege sufficient jurisdictional facts to come within the state's long-arm statute and demonstrate sufficient minimum contacts with the state to satisfy…

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Key Quotes

“the complaint must allege sufficient jurisdictional facts to come within the state's long-arm statute; and (2) sufficient minimum contacts must exist between Florida and the defendant to satisfy the due process requirements of the Fourteenth Amendment”

States the two-step test for determining long-arm jurisdiction over nonresident defendants

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Facts & Procedural History

Mainland Transport filed a second amended complaint against William Dietz, a CPA, and his Ohio professional service corporation, Dietz & Company, alle…

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Opinion of the Court
PATTERSON, Acting Chief Judge.

PATTERSON, Acting Chief Judge.

Appellant Mainland Transport, Inc. (Mainland), challenges the trial court’s final order dismissing with prejudice its second amended complaint against appellees William Dietz and Dietz & Company for lack of in person-am jurisdiction over them. We reverse the trial court’s order and remand for an evidentiary hearing on the issue of jurisdiction.

Mainland filed its second amended complaint against William Dietz and his Ohio professional service corporation, Dietz & Company (collectively referred to as Dietz), seeking recovery of approximately $26,000 which Mainland alleged Dietz had tortiously converted from Mainland. Dietz filed a motion to dismiss the complaint and claimed lack of in personam jurisdiction and failure to allege a proper jurisdictional basis for service under Florida’s long-arm statute, section 48.193, Florida Statutes (1993). Based on the parties’ affidavits, the trial court concluded that sufficient minimum contacts did not exist between Dietz and the State of Florida to confer in personam jurisdiction over Dietz. The trial court dismissed the second amended complaint with prejudice.

The two-step test for determining whether the court may exercise long-arm jurisdiction over a nonresident defendant is: (1) the complaint must allege sufficient jurisdictional facts to come within the state’s long-arm statute; and (2) sufficient minimum contacts must exist between Florida and the defendant to satisfy the due process requirements of the Fourteenth Amendment. Doe v. Thompson, 620 So. 2d 1004, 1005 (Fla. 1993); Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla.1989). On appeal, Dietz concedes that the second amended complaint satisfies the first step by alleging the defendants committed the tort of conversion in Florida. See § 48.193(l)(b), Fla. Stat. (1993). The plaintiff need only “plead the basis for service in the language of the statute without pleading the facts supporting service.” Fla. R. Civ. P. 1.070(h). Dietz contends that Mainland did not meet the second step, the sufficiency of the defendants’ contact with Florida. As required, Dietz filed an affidavit supporting his challenge. See Doe, 620 So. 2d at 1005; Venetian Salami, 554 So. 2d at 502. Mainland then had the burden to file a counter-affidavit to establish facts supporting the Florida court’s jurisdiction. Id. If the affidavits directly conflict as to relevant facts, then the trial court should hold an evidentiary hearing on the limited issue of jurisdiction. Doe, 620 So. 2d at 1005; Venetian Salami, 554 So. 2d at 503.

Mainland filed the affidavit of its president, Dale Frank, in opposition to Wil-r liam Dietz’s affidavit. Frank’s affidavit clearly alleges sufficient minimum contacts with Florida. The allegations depict an overall scheme of conversion which included substantial contact with Florida, not just one tortious conversion committed out of state. The parties’ affidavits, however, are in conflict on many relevant points. The trial court must resolve these conflicts. Thus, we reverse the order dismissing the complaint and remand for an evidentiary hearing on the issue of jurisdiction.

Reversed and remanded.

ALTENBERND and FULMER, JJ., concur.


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Citator

Cited By

  • Gahn v. Holiday Prop. Bond, Ltd., 826 So. 2d 423 (Fla. 2d DCA 2002)
    …nt facts which bring the action within the purview of the applicable long-arm statute, in this case section 48.193(l)(a) and (2), Florida Statutes (2000). Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla.1989); Mainland Transp., Inc. v. Dietz, 691 So. 2d 642 (Fla. 2d DCA 1997). After considering the sufficiency of the allegations, the court must determine whether the nonresident defendant has sufficient minimum contacts with Florida so as to satisfy due process requirements. World-Wide Volkswagen Corp.…

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