MEUERS & ASSOCIATES, P.A., A FLORIDA PROFESSIONAL ASSOCIATION, AND MEUERS, DRESSLER & KERR, LLP, A FLORIDA REGISTERED LIMITED LIABILITY PARTNERSHIP, APPELLANTS,
v.
SUE C. HEGER, INDIVIDUALLY, AND D/B/A HEGER ORGANIC FARM SALES, JOE HEGER FARMS AND JOE HEGER ORGANIC FARMS, APPELLEES
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A law firm appealed dismissal of its breach of contract claim against a California resident defendant for unpaid legal fees. The trial court dismissed for lack of personal jurisdiction without holding an evidentiary hearing to resolve conflicting affidavits about where legal services were performed. The appellate court reversed, holding that when jurisdictional affidavits directly conflict, a limited evidentiary hearing is required before dismissal.
When affidavits on a jurisdictional motion are in direct conflict and cannot be harmonized, the trial court must conduct a limited evidentiary hearing to resolve the conflict and determine whether minimum contacts exist before dismissing for lack of personal jurisdiction.
[1] A trial court must hold a limited evidentiary hearing to resolve conflicting affidavits when determining personal jurisdiction over a non-resident defendant.
[2] Personal jurisdiction over a non-resident defendant requires both a demonstration of long-arm jurisdiction and sufficient minimum contacts with the forum state.
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“When the affidavits of the parties, although conflicting, can be harmonized, the court may make a decision based upon facts which are essentially undisputed. However, when the affidavits are in direct conflict, the trial court must hold a limited evidentiary hearing to resolve the conflict in order to determine the jurisdictional issue.”
Establishes the legal standard requiring an evidentiary hearing when jurisdictional affidavits directly conflict
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Join FLexlaw to unlock all legal intelligenceMeuers & Associates provided legal services to Sue Heger, a California resident, regarding a case. M&A claimed services were performed in Collier Coun…
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SALCINES, Judge.
Meuers & Associates, P.A and Meuers, Dressier & Kerr, LLP, (“M & A”) appeal the trial court’s order dismissing the amended complaint against Sue C. Heger, individually, and d/b/a Heger Organic Farm Sales, Joe Heger Farms and Joe Heger Organic Farms (hereinafter “He-ger”). We reverse and remand for further proceedings.
In its complaint, M & A alleged that Heger breached a representation agreement by failing to pay amounts due to M & A for legal services provided on her behalf. Heger filed a motion to dismiss for lack of personal jurisdiction. M & A filed a response with the affidavit of Lawrence Meuers, E’sq., in opposition to the motion. In order to demonstrate that jurisdiction was vested in the trial court, Mr. Meuers stated that the legal services were performed in Collier County, Florida with payments due from and partial payments made by Heger to [M & A] in Collier County, Florida.... While [M & A] had retained California counsel on behalf of Heger to assist in the filing of the pleadings and documents, all of the legal services performed by [M & A] on behalf of Heger were performed in Collier County, Florida. All communication by Heger to [M & A] was from and to Collier County, Florida.
At the hearing. on the motion, Heger presented the affidavit of Michael Keaton, Esq., in which he stated that Heger was a California resident and engaged in no business in Florida. Further, “[a]ll legal activity in the case for which [M & A] seeks its fees in this action was performed outside the state of Florida and in the state of California.”
There are two essential components to determine personal jurisdiction of a non-resident defendant. See Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 502 (Fla.1989). On appeal, Heger does not challenge the fact that M & A met the first requirement — a demonstration of long-arm jurisdiction. However, she does argue that the second requirement, minimum contacts, were not satisfied by M & A’s pleadings or by the affidavit filed in contravention to the motion to dismiss.
The minimum contacts requirements for personal jurisdiction were set forth in the affidavit of Mr. Meuers. See Industrial Cas. Ins. Co. v. Consultant Assocs., Inc., 603 So. 2d 1355, 1356 (Fla. 3d DCA 1992); Unger v. Publisher Entry Serv., Inc., 513 So. 2d 674, 676 (Fla, 5th DCA 1987). The statement in the affidavit of Mr. Keaton that no services were performed in Florida, however, directly conflicted with that of Mr. Meuers.
When the affidavits of the parties, although conflicting, can be harmonized, the court may make a decision based upon facts which are essentially undisputed. However, when the affidavits are in direct conflict, the trial court must hold a limited evidentiary hearing to resolve the conflict in order to determine the jurisdictional issue. See Venetian Salami, 554 So. 2d at 503; Bellairs v. Mohrmann, 716 So. 2d 320, 322 (Fla. 2d DCA 1998). Since the conflict between the affidavits could not be harmonized, the trial court erred when it granted the motion to dismiss without conducting a limited evidentiary hearing.
Accordingly, the trial court’s order dismissing the amended complaint is reversed. This matter is remanded for the trial court to conduct an evidentiary hearing to determine if personal jurisdiction has attached.
Reversed and remanded.
NORTHCUTT, A.C.J., and CASANUEVA, J., Concur.
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OSI Indus., Inc. v. Carter, 834 So. 2d 362 (Fla. 5th DCA 2003)…alled Plaintiff while Plaintiff was in Florida. As the affidavits can be harmonized, this Court need not hold an [*365] evidentiary hearing pursuant to Venetian Salami Co. v. Parthenais; 554 So. 2d 499 (Fla.1989). See Meuers & Assoc., P.A. v. Heger, 752 So. 2d 3, 4 (Fla. 2d DCA 2000) (when affidavits are conflicting but can be harmonized, court may make decision based on undisputed facts without holding an evidentiary hearing). In Acquadro v. Bergeron, 778 So. 2d 1034 (Fla. 4th DCA 2001), review granted, 7…
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LAW Offs. OF Sybil Shainwald v. Barro, 817 So. 2d 873 (Fla. 5th DCA 2002)…tiary hearing. Venetian Salami; Clarkson; John Posey; see also QSR, Inc. v. Concord Food Festival Inc., 766 So. 2d 271 (Fla. 4th DCA 2000); Poe v. Marine Group of Palm Beach, Inc., 760 So. 2d 273 (Fla. 4th DCA 2000); Meuers & Assocs., P.A. v. Heger, 752 So. 2d 3 (Fla. 2d DCA), rev. denied, 767 So. 2d 457 (Fla. 2000); Mowrey Elevator Co. of Fla., Inc. v. Automated Integration, Inc., 745 So. 2d 1046 (Fla. 1st DCA 1999). Accordingly, we reverse and remand with directions that the trial court hold an evidentiar…
Authorities Cited
- Venetian Salami Co. v. J.S. Parthenais, 554 So. 2d 499 (Fla. 1989)
- Unger v. Publisher Entry Serv., Inc., 513 So. 2d 674 (Fla. 5th DCA 1987)
- Bellairs v. Mohrmann, 716 So. 2d 320 (Fla. 2d DCA 1998)
- Indus. Cas. Ins. Co. v. Consultant Assocs., Inc., 603 So. 2d 1355 (Fla. 3d DCA 1992)