CourtCases2010

In nordmark presentations inc v harman 557 so2d 649

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Unformatted text preview: e affidavits, and the court will be in a position to make a decision based upon facts which essentially are undisputed. See id. at 502-03. When the court cannot harmonize the affidavits, the court will have to hold a limited evidentiary hearing to determine the jurisdiction issue. See id. at 503. [7] AutoNation alleged that Hatfield was subject to Florida's long-arm jurisdiction on the grounds that (1) Hatfield maintained regular and systematic contacts in Florida by traveling to Florida to participate in AutoNation's three-day retail leadership meetings and by requesting and receiving from AutoNation's Fort Lauderdale headquarters information and business-related assistance, direction, supervision and support to aid him in operating his dealership, (2) Hatfield committed tortious acts in Florida by misappropriating and converting AutoNation's trade secrets and other confidential proprietary business information, and by coming to AutoNation's 2005 leadership meeting in Florida under false pretenses to obtain information while knowing that he did not intend to remain an AutoNation general manager, and (3) Hatfield contractually agreed to venue in Broward County. Facially, AutoNation's allegations appear to have satisfied the requirements of Florida's long-arm statute, and the trial court's decision to that effect appears correct. [8] However, in its order denying Hatfield's motion to dismiss, the trial court held that Hatfield's declaration did not "refute the allegations that [Hatfield] committed tortious acts within the State of Florida." This finding appears to be inaccurate when comparing AutoNation's *1242 amended complaint to Hatfield's declaration. AutoNation alleged that Hatfield committed tortious acts in Florida by misappropriating and converting AutoNation's trade secrets and other confidential proprietary business information, and by coming to AutoNation's 2005 leadership meeting in Florida under false pretenses to obtain information while knowing that he did not intend to remain an AutoNation g...
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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.

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