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Autonations evidence supports the view that hatfield

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Unformatted text preview: king consolidation which also included the 2003 sales performance. Puerto stated that all of the e-mails in 240 AutoNation's e-mail system are routed through a server located in Fort Lauderdale regardless of the computer's physical location. At the hearing, Hatfield's counsel requested that the trial court postpone the hearing to allow Hatfield time to respond to AutoNation's affidavits. The trial court denied the request and proceeded to hear argument and evidence relating to the motion. In addition to the arguments already raised in his motion and declaration, Hatfield's counsel contended that AutoNation presented no affidavit to controvert Hatfield's allegations that, when he resigned from his employment, he did not take or copy the binder he received at the January 2005 meeting, or that, since resigning from his employment, Hatfield remained unemployed. Hatfield neither testified nor appeared in person at the hearing. In response, and in addition to the arguments already raised in their motion and affidavits, AutoNation had Puerto testify in person. On cross examination, Puerto conceded that, although he retrieved the five January 26th e-mails which Hatfield sent to Anderson, he (Puerto) did not have personal knowledge as to the proprietary nature of the documents attached to the e-mails. AutoNation stipulated that Puerto did not have personal knowledge of the nature of the documents. Therefore, AutoNation presented as a witness its Vice President of Regional Operations and Manufacture Relations, Donna Parlapiano, who testified as to the documents' proprietary nature. The trial court denied Hatfield's motion to dismiss. The trial court held that AutoNation presented sufficient allegations of jurisdictional facts to comply with Florida's long-arm statute, and that Hatfield's declaration did not refute the allegations that he committed tortious acts within Florida. The trial court further held there had been sufficient evidence that Hatfield had minimum contacts n...
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