Florida District Courts of Appeal, 1995

Votaw v. Watkins

Florida District Courts of Appeal · Decided September 27, 1995 · No. 95-1628 · Klein, Shahood, Stevenson

660 So. 2d 1171; 1995 Fla. App. LEXIS 10192; 1995 WL 566571 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Unc Ardco, Inc. v. Luckner (Fla. Dist. Ct. App. 1996)
Brian McLane v. The Automotive Resource Network Holdings, Inc., n/k/a Nationwise Capital Ventures, Inc., Larry Rolen and Safedata Trust, Inc. (Fla. Dist. Ct. App. 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The Votaws are residents of North Carolina and own residential property there which is managed by Outer Beaches, a North Carolina corporation. Watkins, who was injured on the Votaw’s property in North Carolina, brought this lawsuit against the Vo-taws and Outer Beaches in Florida. The Votaws and Outer Beaches moved to dismiss for lack of personal jurisdiction, the trial court denied the motion, and they filed separate appeals which we consolidate.

Athough Watkins’ complaint contained allegations to the effect that appellants were *1172doing business in Florida, appellants filed affidavits which refuted these allegations, which then placed the burden on Watkins to prove the basis of long arm jurisdiction. Venetian Salami Co. v. Parthenais, 554 So.2d 499 (Fla. 1989). Watkins did not sufficiently refute the proof contained in appellants’ affidavits either by affidavit or at an evidentiary hearing. The trial court therefore erred in denying the motions to dismiss.

Reversed.

KLEIN, STEVENSON and SHAHOOD, JJ., concur.

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