ROBERT MILTON FRIER, JR., APPELLANT,
v.
LINDA RICHARDSON FRIER, APPELLEE

Fla. 1st DCA | 2009-06-09
No. 1D09-1141
HAWKES, C.J., and BROWNING, J., concur.
13 So. 3d 145 Florida District Court of Appeal, First District (2009) Positive Treatment
Cited by 9 cases

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.

Synopsis

Robert Milton Frier, Jr. appealed a nonfinal order denying his motion to dismiss based on lack of personal jurisdiction. The Florida First District Court of Appeal dismissed the appeal for lack of jurisdiction, holding that the trial court's order did not expressly or necessarily determine personal jurisdiction and therefore was not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i).


Holding

The order is not appealable because it did not expressly or necessarily determine personal jurisdiction. The trial court's determination that it had jurisdiction over certain issues in the action—specifically child custody—did not necessarily establish personal jurisdiction over the appellant, as a trial court can exercise jurisdiction over child custody issues under the Uniform Child Custody Jurisdiction and Enforcement Act without having personal jurisdiction over a party.


Headnotes

[1] An order denying a motion to dismiss is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i) if it does not expressly or necessarily determine perso…

[2] The term "jurisdiction of the person" in Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i) refers to service of process or the applicability of the long-arm statute t…

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Key Quotes

“the term jurisdiction of the person in rule 9.130(a)(3)(C)(i) refers to service of process or to the applicability of the long arm statute to non-residents.”

Establishes the narrow definition of "jurisdiction of the person" for appellability purposes.

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Facts & Procedural History

Robert Milton Frier, Jr. filed an action against Linda Richardson Frier in Florida while a similar action was pending in another state. Frier moved to…

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Opinion of the Court
VAN NORTWICK, J.

VAN NORTWICK, J.

Robert Milton Frier, Jr., seeks review of a nonfinal “Order on Husband’s Second Motion to Dismiss.” Because the order on appeal is not an appealable nonfinal order, we dismiss this appeal for lack of jurisdiction.

The order on appeal denied a motion to dismiss that had challenged the trial court’s jurisdiction over the appellant, who had filed a similar action in another state. In this order, the trial court concluded “that it has jurisdiction of at least certain issues in the pending action.” While recognizing that its jurisdiction may be limited due to the case filed by the appellant, the trial court granted leave to counsel for both parties to “present argument and law as to issues either thinks may not fall within this court’s jurisdiction.” The order referred only to the trial court’s subject matter jurisdiction and did not address whether the trial court had personal jurisdiction over the appellant.

The appellant asserts that the order on appeal is appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)© because it determined jurisdiction of the person. Specifically, the appellant argues that the order denied his motion to dismiss, which had raised only the trial court’s lack of personal jurisdiction over him. Therefore, according to the appellant, the order necessarily determined personal jurisdiction.

The law is clear that “the term jurisdiction of the person” in rule 9.130(a)(3)(C)(i) “refers to service of process or to the applicability of the long arm statute to non-residents.” Warren v. Southeastern Leisure Sys., Inc., 522 So.2d 979, 980 (Fla. 1st DCA 1988). “Therefore, only those interlocutory orders that determine issues involving service of process or applicability of the long arm statute are appealable under this section of Florida Rule of Appellate Procedure 9.130.” Fisher v. Int’l Longshoremen’s Ass’n, 827 So.2d 1096, 1097 (Fla. 1st DCA 2002) (en banc). To fall within the scope of the rule, however, an order must actually make a determination as to personal jurisdiction. See Bill Holt Sales & Leasing, Inc. v. Cousins, 904 So.2d 502 (Fla. 1st DCA 2005) (dismissing appeal because the record failed to show that the trial court made a decision regarding personal jurisdiction even though lack of personal jurisdiction had been raised in the motion for summary judgment that was denied by the order on appeal). Therefore, where a motion challenging the trial court’s in person-am jurisdiction is denied without necessarily making a determination as to whether the court has jurisdiction over the person, the order is not appealable as an order that determined jurisdiction of the person. See id.

Similar to the order on appeal in Bill Holt Sales, the order before us did not expressly or necessarily determine personal jurisdiction. Rather, the order merely determined that the trial court had juris*147diction “of at least certain issues in the pending action.” One of the issues raised in the complaint was custody of the parties’ minor children. Under the Uniform Child Custody Jurisdiction and Enforcement Act, sections 61.501 through 61.542, Florida Statutes (2008), a trial court has jurisdiction, under certain specified conditions, to make a child custody determination without also having personal jurisdiction over a party. See § 61.514(3), Fla. Stat. (2008); Brulte v. Brulte, 967 So.2d 1087 (Fla. 1st DCA 2007). Therefore, the trial court’s determination that it had jurisdiction over some of the issues in the action did not necessarily determine personal jurisdiction over the appellant. Consequently, this court does not possess appellate jurisdiction under rule 9.130(a)(3)(C)(i).

DISMISSED.

HAWKES, C.J., and BROWNING, J., concur.


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Citator

Cited By

  • Fountainbleau, LLC v. Hire US, Inc., 273 So. 3d 1152 (Fla. 2d DCA 2019)
    …er determining the court's jurisdiction over Fountainbleau because the order specifically refers the issue of jurisdiction to the arbitrator and otherwise takes the issue "under advisement." See Fla. R. App. P. 9.130(a)(3)(C)(i); Frier v. Frier, 13 So. 3d 145, 146 (Fla. 1st DCA 2009) ("To fall within the scope of [rule 9.130(a)(3)(C)(i)], . . . an order must actually make a determination as to personal jurisdiction."); cf. Blogwire Hungary Szellemi Alkotást Hasznosító v. Bollea, 162 So. 3d 1116, 1117…
  • Rubin Schron v. Nunziata, 136 So. 3d 684 (Fla. 2d DCA 2014)
    …LaROSE, Judge. In appellate case number 2D12-5355, Rubin Schron challenges a nonfinal order in which the trial court found that it had personal jurisdiction over him. We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(C)(i); Frier v. Frier, 13 So. 3d 145, 146 (Fla. 1st DCA 2009) (explaining that where a trial court’s order actually makes a determination as to personal jurisdiction, the order falls within the scope of the rule allowing for an interlocutory appeal). Mr. Schron, who was impleaded into…
  • Walker v. U. S. Bank Nat'l Ass'n, 263 So. 3d 834 (Fla. 2d DCA 2019)

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