ATLAS AIRCRAFT CORPORATION, APPELLANT,
v.
MARCIA BUCKINGHAM ET AL., APPELLEES
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Florida appellate court reversed the trial court's denial of a motion to dismiss for lack of personal jurisdiction, holding that the defendant established a prima facie case that it was not amenable to service under Florida's long-arm statute and the plaintiff failed to rebut it with evidence.
A defendant who establishes a prima facie showing through affidavit that it is not amenable to service under Florida's long-arm statute shifts the burden to the plaintiff to support jurisdictional allegations with evidence, and failure to do so requires dismissal.
[1] When a defendant establishes a prima facie showing through affidavit that it is not amenable to service under Florida's long-arm statute, the burden shifts to the plainti…
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Join FLexlaw to unlock all legal intelligenceAtlas Aircraft Corporation appealed the trial court's denial of its motion to dismiss for lack of jurisdiction in an action brought by Marcia Buckingh…
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PER CURIAM.
Upon examination of the pleadings and papers in the appellate record and after consideration of the briefs and oral argument, we are of the opinion that the trial court erred in denying defendant-appellant’s motion to dismiss for lack of jurisdiction. The motion to dismiss and the evidence adduced in the sworn affidavit in support thereof established a prima facie showing that the defendant’s conduct and actions did not make it amenable to service of process under Florida’s long-arm statute, section 48.181, F.S. See Viking Superior Corporation v. W. T. Grant Company, Fla.App. 1968, 212 So. 2d 331. Upon such a showing the burden shifted to the plaintiff to support the allegations of its complaint by way of evidence in opposition to the affidavit (which the plaintiff failed to do in the proceedings below). Defendant’s motion should, therefore, have been granted.
Accordingly, the order denying defendant’s motion to dismiss is vacated and set aside and the cause remanded to the trial court with the respectful direction to enter an order granting defendant’s motion to dismiss with leave to the plaintiff to take such other action by pleading or proof as deemed appropriate.
Reversed and remanded.
WALDEN and MAGER, JJ., and SMITH, CULVER, Associate Judge, concur.
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Martin Acquadro, M.D. v. Bergeron, 851 So. 2d 665 (Fla. 2003)…ile an affidavit containing allegations, which if taken as true, show that the defendant’s conduct does not make him or her amenable to service. See, e.g., Waye v. Eddings, 638 So. 2d 582, 583 (Fla. 1st DCA 1994); Atlas Aircraft Corp. v. Buckingham, 302 So. 2d 163, 164 (Fla. 4th DCA 1974). Additionally, the affidavits submitted must contain something “more than the assertion of legal conclusions.” Rever v. Lapidus, 151 So. 2d 61, 62 (Fla. 3d DCA 1963). In response to the allegations in the complaint, Rose Ac-…
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Hyco Mfg. Co. v. Rotex Int'l Corp., 355 So. 2d 471 (Fla. 3d DCA 1978)…isdiction to come forward not only with a motion to dismiss,1 but also with proof to the court of facts which show that the allegations of the complaint concerning jurisdiction over the defendant are untrue. Atlas Aircraft Corporation v. Buckingham, 302 So. 2d 163 (Fla. 4th DCA 1974). City Welding came forward with the affidavit of its president that: 1. City Welding is a corporation organized and existing under the laws of the State of Pennsylvania, with offices and plants in New Castle, Pennsylvania, and…
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The Dublin Co. v. Peninsular Supply Co., 309 So. 2d 207 (Fla. 4th DCA 1975)…it. It has been held that when jurisdiction has been challenged by affidavit or other competent evidence, plaintiff must sustain its claims by affidavit or other proof and not just by reiteration of the complaint. Atlas Aircraft Corp. v. Buckingham, 302 So. 2d 163 (4th D.C.A.Fla.1974); Henschel-Steinau Co. v. Harry Schorr, Inc., 302 So. 2d 198 (4th D.C.A.Fla.1974); Nichols v. Seabreeze Properties, Inc., 302 So. 2d 139 (3d D.C.A.Fla.1974); Citizens & Southern Bank of Atlanta v. Popkin, 281 So. 2d 522 (3d D.C.A…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Viking Superior Corp. v. W. T. Grant Co., 212 So. 2d 331 (Fla. 1st DCA 1968)