MIKAIL ROJAS AND CORPORACION ALBA, C.A.,
v.
CARLOS GALLAMINI

Fla. 3d DCA | 2020-02-05
No. 19-0609
Florida District Court of Appeal, Third District (2020)


Opinion of the Court
Emas

PER CURIAM. Venezuelan Mikail Rojas (the “borrower”) and Corporacion Alba, C.A. (“Alba”), a foreign corporation, appeal the denial of their motion to dismiss for lack

of personal jurisdiction. The borrower, the sole shareholder of Alba, received a loan from Carlos Gallamini (the “lender”), also Venezuelan, allegedly after negotiations taking place outside of Florida but requiring payment within the state.

Our review of the record reflects that neither the borrower nor Alba had sufficient minimum contacts with the state. See Highland Stucco & Lime Prods., Inc. v. Onorato, 259 So. 3d 944, 948 (Fla. 3d DCA 2018); Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 503 (Fla. 1989) (mere failure to pay money in Florida insufficient); Two Worlds United v. Zylstra, 46 So. 3d 1175, 1178 (Fla. 2d DCA 2010) (vacationing several times per year insufficient); Shoppers Online, Inc. v. E–Pawn, Inc., 792 So. 2d 615, 617 (Fla. 4th DCA 2001) (plaintiff’s failure to refute defendant’s sworn testimony required dismissal where testimony sufficiently contested complaint’s basis for long-arm jurisdiction).

We therefore reverse the order under review, and remand with instructions to enter an order of dismissal. Reversed.


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