Jurisdictional Facts

79 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Stern v. COX
  651 So. 2d 757· Fla. 1st DCA· 1995-03-06 ·cited 5×
  The court held that a ruling on personal jurisdiction is premature before a hearing on disputed jurisdictional facts.
• Wellesley Income Ltd. P'ship IV v. Gemini Equities, Inc.
  650 So. 2d 1108· Fla. 4th DCA· 1995-02-23 ·cited 4×
  Wellesley Income Limited Partnership IV appeals a trial court's dismissal of its breach of contract action against CIS France for lack of personal jurisdiction. The appellate court reverses because the trial court failed to address whether jurisdiction was proper under Florida's
• Gulf Atl. Transp. Co. v. Offshore Tugs, Inc.
  740 F. Supp. 823· M.D. Fla.· 1990-03-26 ·cited 4×
  The court held that it lacked personal jurisdiction over the defendants because their contacts with Florida were insufficient to satisfy Florida's long-arm statutes and constitutional due process requirements.
• State v. Powell
  66 So. 2d 672· Fla.· 1953-07-28 ·cited 4×
  The Florida Supreme Court reviews a forfeiture order that has not yet become final judgment. The Court, following its companion decision in State v. Maxie, addresses whether a motion to vacate based on jurisdictional defects must comply with procedural timing requirements under s
• Espino v. Wixon
  136 F.2d 96· 9th Cir.· 1943-05-27 ·cited 4×
  The court held that a petitioner claiming U.S. citizenship, supported by evidence, is entitled to a judicial trial on that claim when facing deportation.
• Miller v. Braunstein
  549 So. 2d 797· Fla. 5th DCA· 1989-10-05 ·cited 3×
  Florida appellate court reversed dismissal of lack-of-jurisdiction motion where complaint failed to allege facts establishing personal jurisdiction over trustee defendant and defendant's affidavit denial was not rebutted sufficiently.
• Dico Co., Inc. v. Meekins, Inc.
  407 So. 2d 1067· Fla. 4th DCA· 1981-12-30 ·cited 3×
  Dico Company and Dyneer Corporation appealed an order denying their motion to dismiss for lack of personal jurisdiction under Florida's long-arm statute in a breach of warranty and design negligence case. The court held that jurisdiction was properly established over Dico through
• Lynton v. Siegel
  429 So. 2d 1375· Fla. 4th DCA· 1983-04-27 ·cited 2×
  Service of process upon non-residents via Florida's long arm statute was defective because the amended third-party complaint lacked jurisdictional facts.
• Young v. Young
  382 So. 2d 355· Fla. 5th DCA· 1980-03-12 ·cited 2×
  The court held that the plaintiff met her burden of going forward with evidence to establish the non-resident defendant's ownership of the vehicle, thus reversing the dismissal for insufficient service of process.
• Freeman S. S. Co. v. Pillsbury
  172 F.2d 321· 9th Cir.· 1949-01-24 ·cited 2×
  The court held that a de novo trial on the issue of widowhood was not required, and that there was sufficient evidence to support the finding of a valid marriage.
• BRP-Rotax GMBH & Co KG v. Ciccolini
  405 So. 3d 508· Fla. 3d DCA· 2025-03-05 ·cited 1×
  When competing affidavits and sworn proof create disputed issues of jurisdictional fact that cannot be harmonized, a trial court must conduct a limited evidentiary hearing to resolve the factual disputes before determining whether it has personal jurisdiction over a nonresident d
• Unified Med., LLC v. Progressive Preferred Ins. Co.
  389 So. 3d 658· Fla. 3d DCA· 2024-01-17 ·cited 1×
  When a defendant files a legally sufficient affidavit contesting personal jurisdiction, the plaintiff must refute or rebut it with its own affidavit or sworn proof; failure to provide such sworn proof requires the trial court to grant the defendant's motion to dismiss for lack of
• Wrapapan, LLC v. Elson
  322 So. 3d 684· Fla. 4th DCA· 2021-06-09 ·cited 1×
  Wrapapan, LLC and its members appealed a trial court's denial of their motion to dismiss for lack of personal jurisdiction in a declaratory relief action brought by Florida resident Jeff Elson regarding an alleged business venture. The appellate court reversed, finding that Wrapa
• Jacobs v. Nadal
  777 So. 2d 1137· Fla. 4th DCA· 2001-01-31 ·cited 1×
  Bradley Jacobs appealed an order denying his motion to dismiss for lack of in personam jurisdiction. The Fourth District Court of Appeal reversed, holding that the plaintiff failed to meet her burden of refuting the defendant's jurisdictional affidavit with sworn proof, requiring
• Jamil v. Acosta
  697 So. 2d 1279· Fla. 3d DCA· 1997-08-13 ·cited 1×
• DeFreest v. Pridemore
  Fla. 5th DCA· 2026-06-19
  A plaintiff pleads sufficient jurisdictional facts to establish long-arm jurisdiction over a nonresident defendant for defamation when the plaintiff alleges the defendant posted defamatory statements online that were accessed by third parties in Florida.
• Wen Hsu v. Sariah Atassi
  399 So. 3d 1157· Fla. 3d DCA· 2024-11-13
  Wen Hsu and Ablerex Electronics Co., Ltd. appealed the trial court's order denying their motion to dismiss for lack of personal jurisdiction. The Third District Court of Appeal reversed, finding that the trial court failed to provide the requisite analysis and factual findings ne
• Kearney P'rs Fund v. US Ex Rel. Irs
  814 F. Supp. 2d 1349· M.D. Fla.· 2011-09-29
  The court held that venue was proper in the Middle District of Florida because it was the principal place of business from which the decision-maker controlled the companies' activities.
• McMAHAN v. McMAHAN
  826 So. 2d 1024· Fla. 3d DCA· 2001-07-25
  The court held that a petition for dissolution of marriage seeking service under Florida's long-arm statute must specifically allege the statutory basis for jurisdiction, and a general allegation of residency is insufficient.
• Gary v. D. Agustini & Asociados, S.A.
  898 F. Supp. 901· S.D. Fla.· 1995-08-22
  The court held that the plaintiff failed to adequately plead the jurisdictional facts necessary to establish the applicability of 46 U.S.C. § 10314(b), requiring dismissal of his claims.
• United States v. Mallory
  884 F. Supp. 496· S.D. Fla.· 1995-02-13
  The court held that the Carjacking Statute (18 U.S.C. § 2119) is unconstitutional as applied because the indictment lacked allegations of jurisdictional facts demonstrating a substantial effect on interstate commerce.
• Melvee Tucker v. State
  417 So. 2d 1006· Fla. 3d DCA· 1982-06-22
  Melvee Tucker was convicted of first-degree murder in the 1974 killing of a convenience store employee and sentenced to life imprisonment. On appeal, Tucker challenged his conviction on six grounds, including claims regarding venue, prosecutorial delay, grand jury composition, co
• Crowder v. State of Fla. ex rel. Roy C. Baker
  285 So. 2d 33· Fla. 4th DCA· 1973-11-09
  In Gideon v. Wainwright (1963) the Court found that the Sixth and Fourteenth Amendments required states to provide an attorney to indigent defendants in cases involving serious crimes. In this case, a unanimous Court extended that right to cover defendants charged with misdemeano
• Advisory Opinion to the Governor
  196 So. 2d 737· Fla.· 1967-03-16
  The Florida Supreme Court declined to issue an advisory opinion on whether the Governor could suspend county commissioners for failing to testify before a State Attorney, holding that such an opinion would improperly intrude on executive power and affect the rights of non-partici
• Pittsburgh S. S. Co. v. Brown
  171 F.2d 175· 7th Cir.· 1948-11-22
  The court held that the plaintiff seeking an injunction to set aside a compensation order has the burden of proof on the jurisdictional issue in a trial de novo.
• Gen. Motors Corp. v. Holler
  165 F.2d 271· 8th Cir.· 1948-01-09
  The court held that the proceedings before the Missouri Workmen's Compensation Commission did not bar the plaintiff's common law action for occupational disease damages because the Commission made no formal finding or award.