The court reasoned the alleged continuing obligations

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Unformatted text preview: eneral manager. In response, Hatfield alleged that, at the 2005 meeting, he was given a binder, but he did not take or copy the binder. Hatfield also claimed that, since leaving AutoNation, he has been unemployed, he has not had any employment agreement with another dealership, and he does not work for the other Mercedes Benz dealership mentioned in AutoNation's amended complaint. Although the declaration is not as detailed as the amended complaint, it appears that the trial court erred in concluding that the declaration did not refute the allegations that Hatfield committed tortious acts within the State of Florida. As a result, it is unclear whether the trial court attempted to harmonize Hatfield's declaration with AutoNation's affidavits in response. However, these errors were harmless, because the trial court proceeded to conduct a limited evidentiary hearing on the jurisdictional issue, for which the trial court had at its disposal Hatfield's declaration, AutoNation's affidavits, and the testimony of Puerto and Parlapiano. It appears that AutoNation's evidence was sufficient to sustain its 242 jurisdictional allegations in the face of Hatfield's declaration. AutoNation's evidence supports the view that Hatfield engaged in substantial and not isolated activity in Florida by regularly communicating with AutoNation's Florida-based customer service department to obtain customer relations support, by regularly accessing AutoNation's Florida-based computer system to obtain information on AutoNation's business strategies, plans, and tools, by participating in weekly conference calls and e-mails with AutoNation's Florida-based advertising agency to plan and implement his dealership's advertising, and by attending the annual leadership meetings in Fort Lauderdale. AutoNation also proffered sufficient evidence to withstand a motion to dismiss on the issue of whether Hatfield committed a tortious act in Florida by using AutoNation's Florida-based e-mail system to forward five e-mails containing alleged proprietary and confidential attachments to a non-AutoNation employee just five days before his resignation became effective, and by attending the January 2005 leadership meeting allegedly to obtain information while knowing that he did not intend to remain an AutoNation general manager. Although this Court has held that simply communicating or transferring documents to or within Florida with respect to transactions in another state does not impose...
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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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