WORLD BUSINESS CONSULTANTS LTD., INC., A FLORIDA CORPORATION, APPELLANT,
v.
AUTOMOTIVE FINISHES, INC., A FOREIGN CORPORATION, APPELLEE

Fla. 2d DCA | 1977-11-16
No. 77-654
GRIMES, A. C. J., and SCHEB and OTT, JJ., concur.
352 So. 2d 120 Florida District Court of Appeal, Second District (1977) Positive Treatment
Cited by 2 cases

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Holding

The court held that the complaint sufficiently alleged jurisdictional facts to establish personal jurisdiction under Florida's long-arm statute, shifting the burden to the appellee to disprove it.


Facts & Procedural History

Appellant sued appellee, a foreign corporation, alleging jurisdiction under Florida's long-arm statutes. Appellee moved to abate for lack of jurisdict…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, a Florida corporation, filed a complaint against the appellee, a foreign corporation. In the complaint, appellant alleged that the .appellee’s business had brought it within the parameters of Sections 48.181 and 48.193(l)(a), Florida Statutes (1975). Appellant pled specific facts in support of this allegation.

Appellee moved to abate the action for lack of jurisdiction, but did not file any affidavits or other supportive materials. The trial court granted the motion to abate. Appellant appeals.

We agree with the appellant that the complaint alleged sufficient jurisdictional facts to obtain personal jurisdiction over the appellee pursuant to Florida’s long arm statute and to satisfy the constitutional “minimum contacts” requirement. ’ The burden then shifted to the appellee to make a prima facie showing of the inapplicability of the long arm statute. Electro Engineering Products Co., Inc. v. Lewis, 352 So. 2d 862 (Fla.1977); Madax International Corp. v. Delcher Intercontinental Moving Services, Inc., 342 So. 2d 1082 (Fla.2d DCA 1977); Dublin Co. v. Peninsular Supply Co., 309 So. 2d 207 (Fla.4th DCA 1975).

Accordingly, we reverse the order of abatement with directions to reinstate the complaint.

GRIMES, A. C. J., and SCHEB and OTT, JJ., concur.


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Citator

Cited By

  • Hartman Agency, Inc. v. Ind. Farmers Mut. Ins. Co., 353 So. 2d 665 (Fla. 2d DCA 1978)
    …976). The conclusionary allegations contained in the third party complaint were insufficient to permit the appellee to obtain jurisdiction over the appellant under the statute. Cf. World Business Consultants Ltd., Inc. v. Automotive Finishes, Inc., 352 So. 2d 120 (Fla. 2d DCA 1977). REVERSED. BOARDMAN, C. J., and OTT, J., concur.…

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