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Fourth District Finds Appellee Failed to Refute Contested Jurisdiction

Kent v. Marmorstein, 4D13-386 (Fla. 4th DCA 2013): The issue presented for the Fourth District’s review was whether the trial court erred by failing to dismiss the lawsuit for lack of personal jurisdiction. Marmorstein, a Florida resident, filed a complaint against Kent, a Michigan resident. Marmorstein alleged that he loaned Kent’s son $185,000 and that […]

Lack of Personal Jurisdiction – Breach of Contract Action by Broker for Failure to Pay a Commission on Aircraft Sale

In Corporacion Aero Angeles, S.A. v. Fernandez, 69 So. 3d 295 (Fla. 4th DCA 2011), the plaintiff, Jamie Gaston Fernandez (“Fernandez”) brought an action for breach of contract arising out an oral brokerage agreement for the sale of a jet owned by Aero Angeles, a Mexican corporation (“Aero”).  Fernandez claimed that he was not paid […]

Florida Long-Arm Jurisdiction, Case Law Update – Universal Music Venezuela v. Montaner

In Universal Music Venezuela v. Montaner, No. 3D12-1580 (Dec. 26, 2012), the Third District Court of Appeals reversed an order denying a motion to dismiss for lack of personal jurisdiction. The action arose out of a series of contracts, executed in Venezuela, which provided that they were going to be governed by Venezuelan law, and […]