Van Horn v. McNabb
Van Horn v. McNabb
Opinion of the Court
Thomas Van Horn appeals a trial court order denying his motion to dismiss for lack of jurisdiction. We reverse.
It is clear, from the face of the complaint, that Van Horn enjoys absolute immunity from any alleged defamation or other tor-tious act done in the course of the prior judicial proceeding. Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A. v. United States Fire Ins. Co., 639 So.2d 606 (Fla. 1994); Fridovich v. Fridovich, 598 So.2d 65, 66 (Fla. 1992). Compare Silver v. Levinson, 648 So.2d 240 (Fla. 4th DCA 1994) (finding absolute immunity not applicable to defendant’s actions, which did not occur in course of or as necessary preliminary act to judicial proceeding). No other act was alleged so as to bring Van Horn within the long-arm statute, section 48.193, Florida Statutes. Therefore, the trial court could not exercise personal jurisdiction over him and should have granted his motion to dismiss.
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.
Reference
- Full Case Name
- Thomas VAN HORN v. Scott McNABB, individually and as the natural and legal guardian of Diane McNabb, and Daniel McNabb, minor children, and Linda Debauch, Edgar Stuntz, Judith Stuntz, Nan Cisler, Chris Fermanich, Vincent Graser, Irene Tibbetts, Richard Tibbetts, Dan Krech, Lakeside Clinic, Ltd., a dissolved Wisconsin corporation, and Manitowock/Two Rivers Counseling & Development Center, and Lakeshore Mental Development Center and Lakeshore Mental Health, Inc., a Wisconsin corporation
- Cited By
- 1 case
- Status
- Published