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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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- Spring '08