GREGORY RAND, APPELLANT,
v.
THE HALLMARK OF HOLLYWOOD CONDOMINIUM ASSOCIATION, INC., APPELLEE

Fla. 4th DCA | 1989-09-20
Nos. 89-0242, 89-0243
DOWNEY, POLEN and GARRETT, JJ., concur.
555 So. 2d 1230 Florida District Court of Appeal, Fourth District (1989) Positive Treatment
Cited by 4 cases

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Synopsis

A Florida appellate court reversed the trial court's denial of motions to quash process in a condominium association dispute, holding that the trial court prematurely ruled on jurisdictional challenges before allowing the plaintiff to present evidence supporting long-arm jurisdiction and before resolving conflicting affidavit testimony.


Holding

The trial court's orders denying the motions to quash process were premature. When a motion to dismiss supported by documentation is filed contesting jurisdictional allegations, the burden shifts to the plaintiff to prove the jurisdictional allegations, and the trial court must provide the plaintiff an opportunity to present evidence and must resolve any conflicting affidavit testimony before ruling on the motion.


Headnotes

[1] A complaint alleging long-arm jurisdiction by tracking statutory language is sufficient unless controverted by a motion to dismiss and supporting documentation tending to…

[2] When a defendant controverts jurisdictional allegations, the burden shifts to the plaintiff to prove those allegations.

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Key Quotes

“A complaint which alleges long-arm jurisdiction by tracking the language of the statute does not require further pleading of facts to support the exercise of jurisdiction unless controverted by a motion to dismiss and supporting documentation tending to evidence the jurisdictional allegations are untrue.”

Establishes the pleading standard for long-arm jurisdiction claims in Florida

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Facts & Procedural History

Hallmark of Hollywood Condominium Association sued nonresident defendants including Rand, a nonresident director and developer's agent, and two nonres…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We sua sponte consolidate the appeals of the codefendants below, each seeking re view of the trial court’s order denying the parties’ motions to quash process.

Appellee, a condominium association, brought suit against nonresident corporations, First City Developments Corporation of Boston and First City Financial Corporation, Ltd. of Vancouver, for nonpayment of guarantee and inadequate funding of reserve accounts. Appellee also brought suit against Rand, a nonresident serving as association director and agent of the developer, alleging breach of fiduciary duty and inadequate funding of reserve accounts. The trial court denied appellants’ motions to quash process and exercised long-arm jurisdiction pursuant to section 48.193, Florida Statutes (1987). Appellants contend appellee’s complaints failed to allege sufficient factual bases to subject them to long-arm jurisdiction.

Section 48.193, Florida Statutes, subjects a nonresident to Florida jurisdiction for the following pertinent acts:

48.193 Acts subjecting person to jurisdiction of courts of state.—

(1) Any person, whether or not a citizen or resident of this state, who person-, ally or through an agent does any of the acts enumerated in this subsection thereby submits himself and, if he is a natural person, his personal representative to the jurisdiction of the courts of this state for any cause of action arising from the doing of any of the following acts:

(a) Operating, conducting, engaging in or carrying on a business or business venture in this state or having an office or agency in this state.

(b) Committing a tortious act within this state.

A complaint which alleges long-arm jurisdiction by tracking the language of the statute does not require further pleading of facts to support the exercise of jurisdiction unless controverted by a motion to dismiss and supporting documentation tending to evidence the jurisdictional allegations are untrue. See Zneimer v. Zinn, 483 So. 2d 879 (Fla. 3d DCA 1986); Fla.R.Civ.P. 1.070(i). In its complaints, appellee tracked the statutory language and alleged that each codefendant “did business in Florida.” The codefendants then filed motions to dismiss supported by memoranda of law. It then became appellee’s burden to prove the jurisdictional allegations controverted by appellants.

The record reflects the trial court stopped the proceedings and ruled on Rand’s motion to dismiss prior to allotting appellee the opportunity to carry its burden. As to the other appellants, appellee’s lengthy affidavits supporting jurisdiction were submitted for the first time at the hearing. Appellants were not given sufficient opportunity to review them or address the conflicting testimony contained therein. Nor did the trial court make a resolution as to this conflicting affidavit testimony.

The trial court’s rulings denying each appellant’s motion to quash process were premature. We therefore reverse and remand with direction to hold further evidentiary hearings consistent with this opinion and direct the trial court to Scordilis v. Drobnicki, 443 So. 2d 411 (Fla. 4th DCA 1984), for further guidance.

DOWNEY, POLEN and GARRETT, JJ., concur.

Other
PER CURIAM.

PER CURIAM.

This cause is before the court on the following motions: Appellant’s Motion for Rehearing or Clarification; Appellee’s Motion for Rehearing or Clarification of Decision; and Appellants’ Response to Appel-lee’s Motion for Rehearing or Clarification of Decision.

Appellants’ motion for clarification is granted to the extent that our September 20, 1989, order on appellee’s application for award of attorney’s fees should be clarified as follows:

The remand to the trial court for consid-eration of an award of attorney’s fees if appellant is successful in it’s motion to dismiss for lack of jurisdiction does not preclude further consideration of a request for attorney’s fees under section 718.303(1), Florida Statutes (1977), should appellant lose on jurisdiction but ultimately prevail on the merits.

The remaining, motions are denied.

DOWNEY, POLEN and GARRETT, JJ., concur.


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Citator

Cited By

  • Eli Ben-Aziz v. Haim Polani, 710 So. 2d 125 (Fla. 4th DCA 1998)
    …s in the amended complaint that he operated, conducted, engaged in, or carried on a “business or business venture in this state” within the meaning of section 48.193(1)(a), Florida Statues (1997). See Rand v. Hallmark of Hollywood Condominium Ass’n, 555 So. 2d 1230, 1231 (Fla. 4th DCA 1989); Windels, Marx, Davies & Ives v. Solitron Devices, Inc., 510 So. 2d 1177, 1179 (Fla. 4th DCA 1987); Waye [*127] v. Eddings, 638 So. 2d 582 (Fla. 1st DCA 1994). AFFIRMED. GUNTHER and FARMER, JJ., concur.…
  • Harris Schwartzberg v. Brown, 100 So. 3d 82 (Fla. 2d DCA 2012)
    …he record, we conclude that Brown adequately pleaded a basis for personal jurisdiction over Schwartzberg, Stolzberg, and the Trusts in her complaint pursuant to section 48.193, Florida Statutes (2009). See Rand v. Hallmark of Hollywood Condo. Ass’n, 555 So. 2d 1230, 1231 (Fla. 4th DCA 1989) (“A complaint which alleges long-arm jurisdiction by tracking the language of the statute does not require further pleading of facts to support the exercise of jurisdiction unless controverted by a motion to dismiss and sup…

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