KCG, INC.
v.
STEVEN BOLIN AND DEBORAH BOLIN
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A defendant lacks sufficient minimum contacts with Florida to be subject to personal jurisdiction where the plaintiff's only allegation is his own use of a product allegedly manufactured or distributed by the defendant, and the defendant had no established contacts with Florida during the period of alleged exposure.
[1] A plaintiff's allegation of personal use of a product, without more, is insufficient to establish minimum contacts for personal jurisdiction where the defendant had no bu…
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Join FLexlaw to unlock all legal intelligenceKCG, Inc. (or its predecessor) allegedly manufactured asbestos-containing materials used by plaintiff Steven Bolin in Florida between 1975 and 1977. K…
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PER CURIAM. We reverse the trial court’s denial of appellant’s motion to dismiss for lack of personal jurisdiction on the authority of Southern Wall Products v. Bolin, Case No. 4D18-875 (Fla. 4th DCA July 25, 2018). Both cases arise out of the same underlying case, and the jurisdictional allegations are similar. In this case, Bolin alleged he was exposed to asbestos in materials manufactured by KCG or its predecessor from 1975 to 1977 in Florida. The affidavit filed by a KCG representative stated that it did not have any contacts with Florida prior to 1994. Its predecessor operated a plant in Florida starting in the early 1980’s, after Bolin’s alleged exposure. Bolin offered no evidence of minimum contacts, other than his own use of a product which he identified as distributed or manufactured by KCG in the 1970’s. Just as in Southern Wall Products, Bolin failed to satisfy the constitutional minimum contacts for KCG to be subject to jurisdiction in Florida.
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We therefore reverse and remand for entry of an order dismissing KCG from the action. WARNER, LEVINE and FORST, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.