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Unformatted text preview: as to minimum contacts must file an affidavit 236 in support of the defendant's position; the burden then is placed upon the plaintiff to
prove by affidavit the basis upon which jurisdiction may be obtained.
In most cases, following the submission of affidavits from both parties over whether the
court has personal jurisdiction over a non-resident defendant, the court can harmonize the
affidavits, and the court will be in a position to make a decision based upon facts which
essentially are undisputed; however, when the court cannot harmonize the affidavits, the
court will have to hold a limited evidentiary hearing to determine the jurisdictional issue.
Evidence presented by car dealership in hearing on personal jurisdiction was sufficient to
support conclusion that non-resident former employee sued by resident car dealership for
alleged breach of non-compete agreement engaged in substantial and non-isolated
activity within the state and committed a tortious act within the state, allowing court to
sustain dealership's jurisdictional allegations under state long-arm statute; among other
evidence presented, evidence showed that employee regularly communicated with and
relied on dealership's in-state support staff, and employee used dealership's state-based email system to forward proprietary and confidential information. West's F.S.A. § 48.193.
Trial court's error in determining that non-resident former employee sued by resident car
dealership for alleged breach of non-compete agreement did not refute car dealership's
allegations that employee committed tortious acts in the state was harmless, where trial
court conducted a limited evidentiary hearing on the jurisdictional issue and found
sufficient evidence to sustain jurisdiction over employee regardless of employee's
In analyzing whether a non-resident has the requisite minimum contacts with a forum
state to justify personal jurisdiction, courts should determine whether the non-resident's
conduct and connection with the forum State are such that he should reasonably
anticipate being haled into court there.
In determining whether...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08