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WHEN THERE IS A CONFLICT IN AFFIDAVITS REGARDING PERSONAL JURISDICTION, THE TRIAL COURT MUST CONDUCT A LIMITED EVIDENTIARY HEARING 

Jan 28th, 2025 in by admin

WHEN THERE IS A CONFLICT IN AFFIDAVITS REGARDING PERSONAL JURISDICTION, THE TRIAL COURT MUST CONDUCT A LIMITED EVIDENTIARY HEARING

Cash v. Stoltenberg, 49 Fla. L. Weekly D2136 (Fla. 4th DCA Oct. 23, 2024):

To determine the appropriateness of personal jurisdiction over a non-resident defendant, the complaint must allege sufficient jurisdictional facts to bring the action within the ambit of Florida’s long-arm statute. Then the court must determine whether sufficient minimum contacts are demonstrated to satisfy due process requirements.

A defendant who challenges personal jurisdiction may contest the plaintiff’s assertions by filing an affidavit in support of a motion to dismiss. If the defendant sufficiently disputes the allegations, then the burden shifts back to the plaintiff to present evidence establishing a sufficient factual basis for personal jurisdiction.

If the evidence and affidavits can be harmonized, the trial court may render a decision upon the undisputed facts.

However, if a direct conflict exists between the affidavits and evidence which cannot be reconciled, the court must hold a limited evidentiary hearing to determine jurisdiction.

Here, there was a direct conflict between the defendants’ and plaintiffs’ affidavits which could not be reconciled so the court remanded for a limited evidentiary hearing.