American Realty Co. v. Gwin

District Court of Appeal of Florida

American Realty Co. v. Gwin

374 So. 2d 643, 1979 Fla. App. LEXIS 15355

CourtDistrict Court of Appeal of Florida

DecidedAugust 22, 1979

DocketNo. 79-406

StatusPublished

Cited by2 cases

This text of 374 So. 2d 643 (American Realty Co. v. Gwin) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Realty Co. v. Gwin, 374 So. 2d 643, 1979 Fla. App. LEXIS 15355 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

This is an appeal from an order denying the appellant’s motion to quash service of process under the long arm statute, Section 48.193(1)(a), Florida Statutes (1977). Although there were some unsworn allegations in the complaint which might have supported the trial court’s ruling, the appellant filed a sworn affidavit factually controverting each of those allegations. The appellees did not respond to the affidavit filed by appellant. Under such circumstances, where one party has demonstrated by uncontradicted sworn proof that Florida courts have no jurisdiction, a motion to quash should be granted. Elmex Corp. v. Atlantic Federal Savings and Loan Association of Fort Lauderdale, 325 So.2d 58 (Fla. 4th DCA 1976). Accordingly, the order of the trial court is reversed.

DOWNEY, C. J., and ANSTEAD and BERANEK, JJ., concur.

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PER CURIAM.

This is an appeal from an order denying the appellant’s motion to quash service of process under the long arm statute, Section 48.193(1)(a), Florida Statutes (1977). Although there were some unsworn allegations in the complaint which might have supported the trial court’s ruling, the appellant filed a sworn affidavit factually controverting each of those allegations. The appellees did not respond to the affidavit filed by appellant. Under such circumstances, where one party has demonstrated by uncontradicted sworn proof that Florida courts have no jurisdiction, a motion to quash should be granted. Elmex Corp. v. Atlantic Federal Savings and Loan Association of Fort Lauderdale, 325 So.2d 58 (Fla. 4th DCA 1976). Accordingly, the order of the trial court is reversed.

DOWNEY, C. J., and ANSTEAD and BERANEK, JJ., concur.

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Bluebook (online)

374 So. 2d 643, 1979 Fla. App. LEXIS 15355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-realty-co-v-gwin-fladistctapp-1979.

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