ARISTIZABAL
v.
PINA
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Where a trial court's decision on a motion to dismiss for lack of personal jurisdiction is based on live testimony and factual findings, appellate review applies the competent substantial evidence standard rather than de novo review.
[1] When a trial court's decision on a motion to dismiss for lack of personal jurisdiction rests on factual findings derived from live testimony, appellate courts review thos…
Previewing 1 of 1 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“although review of a motion to dismiss for lack of personal jurisdiction is de novo, 'where the trial court's decision is based on live testimony, the appellate court defers to the trial court's determination of the facts'”
Explaining the applicable standard of review for jurisdiction motions decided on factual grounds
Carolina Aristizabal appealed a trial court decision in Miami-Dade County. The appeal involved a jurisdictional challenge based on factual findings ma…
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Opinion filed May 15, 2019. Not final until disposition of timely filed motion for rehearing.
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No. 3D18-2083 Lower Tribunal No. 17-13660
________________
Carolina Aristizabal,
Appellant,
vs.
Rafael Antonio Pina,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Bernard S. Shapiro, Judge. Lindsey Wilson, PLLC, and Amber Wilson and Sean Lindsey (Fort Lauderdale), for appellant. McConnell Valdes LLP, and Maria A. Dominguez and Juan C. Ramos and Javier F. Micheo, for appellee. Before EMAS, C.J., and SALTER, J., and LEBAN, Senior Judge. LEBAN, Senior Judge.
We review the trial court’s factual findings for competent substantial evidence. See Machtinger v. Inertial Airline Servs., Inc., 937 So. 2d 730, 734 (Fla. 3d DCA 2006) (noting that although review of a motion to dismiss for lack of personal jurisdiction is de novo, “where the trial court’s decision is based on live testimony, the appellate court defers to the trial court’s determination of the facts”); Rudel v. Rudel, 111 So. 3d 285 (Fla. 4th DCA 2013) (holding where case for lack of jurisdiction is based on a finding of fact, appellate court reviews findings based on competent, substantial evidence standard). Affirmed.
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Authorities Cited
- MacHtinger v. Inertial Airline Servs., Inc., 937 So. 2d 730 (Fla. 3d DCA 2006)
- Daniela Rudel v. Rudel, 111 So. 3d 285 (Fla. 4th DCA 2013)