Hilltopper Holding Corp. v. Estate of Cutchin, 2007 Fla. App. LEXIS 3440 (Fla. 2nd DCA 2007)

Two Defendants appealed from the trial court’s denial of a motion to dismiss for lack of personal jurisdiction. The appealing Defendants had filed affidavits alleging that they did not conduct business in Florida, were not licensed to do business there and did not maintain offices there. They alleged they did not manage or operate the nursing home and did not have responsibility for management or over the employees providing care. Plaintiff did not file any countervailing affidavits, simply arguing that Defendants’ affidavits were insufficient to refute jurisdiction. The court found that Defendants affidavits were sufficient to shift the burden of showing jurisdiction back to Plaintiffs and that Plaintiffs failed to come forward with sworn proof. Because Plaintiffs failed to do so, it was error to deny the motion to dismiss. Decided March 9, 2007.

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