JOHN GREGORIAN
v.
NEW CENTURY ALHAMBRA AUTOMOBILES, INC.
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A trial court does not abuse its discretion in denying jurisdictional discovery and dismissing a complaint for lack of personal jurisdiction when the plaintiff's unverified statement contains only conclusory jurisdictional allegations and the defendant's jurisdictional affidavit is uncontroverted.
[1] When a plaintiff's unverified complaint contains only conclusory jurisdictional allegations and the defendant files an uncontroverted affidavit establishing lack of perso…
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Join FLexlaw to unlock all legal intelligence“[T]he plaintiff has to prove jurisdiction over the person by affidavits, testimony or documents.”
Citation to Invs. Assocs., Inc. v. Moss regarding burden of proof for establishing personal jurisdiction
John Gregorian filed a small claims action against New Century Alhambra Automobiles, Inc. The trial court denied Gregorian's request for jurisdictiona…
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Third District Court of Appeal
State of Florida
Opinion filed July 29, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-2538
Lower Tribunal No. 25-SC-575-K
John Gregorian,
Appellant,
vs.
New Century Alhambra Automobiles, Inc., Appellee.
An Appeal from the County Court for Monroe County, Albert L. Kelley, Judge.
Zermay Law, P.A., and Zachary Z. Zermay and Matthew Larosiere, for appellant.
Selz & Muvdi Selz, P.A., and Steven M. Selz (Jupiter), for appellee. Before FERNANDEZ, MILLER, and LOBREE, JJ.
MILLER, J.
In this small claims dispute, appellant, John Gregorian, challenges a final order denying his request to propound jurisdictional discovery and dismissing his statement of claim against appellee, New Century Alhambra Automobiles, Inc., for lack of personal jurisdiction. Observing that the trial court enjoys wide latitude in overseeing discovery matters, the statement of claim was unverified and contained conclusory jurisdictional allegations, and appellee's jurisdictional affidavit was uncontroverted, we affirm the order under review. See Estes v. Rodin, 259 So. 3d 183, 190 (Fla. 3d DCA 2018) (reviewing denial of request for jurisdictional discovery for abuse of discretion); Alvarez v. Cooper Tire & Rubber Co., 75 So. 3d 789, 793 (Fla. 4th DCA 2011) (“A trial court is given wide discretion in dealing with discovery matters . . . ."); Invs. Assocs., Inc. v. Moss, 441 So. 2d 1144, 1145–46 (Fla. 3d DCA 1983) (“[T]he plaintiff has to prove jurisdiction over the person by affidavits, testimony or documents.”); Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 502–03 (Fla. 1989) (“In most cases, the affidavits can be harmonized, and the court will be in a position to make a decision based upon facts which are essentially undisputed."); Imerys Talc Am., Inc. v. Ricketts, 262 So. 3d 799, 804 (Fla. 4th DCA 2018) (“[A]n evidentiary hearing is not required . . . when the plaintiff fails to file a counter-affidavit to refute the defendant's affidavit."); Travel Ins. Facils., PLC v. Naples Cmty. Hosp., Inc., 367 So. 3d 611, 615 (Fla. 6th DCA 2023) ("[S]hould the plaintiff fail to produce sworn proof refuting the defendant's allegations and establishing jurisdiction, the motion to dismiss must be granted."). Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Venetian Salami Co. v. J.S. Parthenais, 554 So. 2d 499 (Fla. 1989)
- Invs. Assocs., Inc. v. Moss, 441 So. 2d 1144 (Fla. 3d DCA 1983)
- Estes v. Rodin, 259 So. 3d 183 (Fla. 3d DCA 2018)
- Alvarez v. Cooper Tire & Rubber Co., 75 So. 3d 789 (Fla. 4th DCA 2011)
- Imerys Talc Am., Inc. v. Johnson & Johnson, 262 So. 3d 799 (Fla. 4th DCA 2018)