Horizons Rehabilitation, Inc. v. Health Care & Retirement

District Court of Appeal of Florida

Horizons Rehabilitation, Inc. v. Health Care & Retirement

727 So. 2d 415, 1999 Fla. App. LEXIS 3330, 1999 WL 147978

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 1999

DocketNo. 98-202

StatusPublished

This text of 727 So. 2d 415 (Horizons Rehabilitation, Inc. v. Health Care & Retirement) 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.

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Horizons Rehabilitation, Inc. v. Health Care & Retirement, 727 So. 2d 415, 1999 Fla. App. LEXIS 3330, 1999 WL 147978 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Horizons Rehabilitation, Inc. appeals from the order dismissing its cause of action against Health Care and Retirement Corporation for lack of personal jurisdiction. We reverse and remand with instructions to conduct an evidentiary hearing because the affidavits in support of and in opposition to the motion to dismiss are conflicting and do not fully resolve the issue of jurisdiction. See Venetian Salami Co. v. Parthenais, 554 So.2d 499 (Fla. 1989); Walt Disney Co. v. Nelson, 677 So.2d 400 (Fla. 6th DCA 1996).

REVERSED and REMANDED with instructions.

GOSHORN, PETERSON and ANTOON, JJ., concur.

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PER CURIAM.

Horizons Rehabilitation, Inc. appeals from the order dismissing its cause of action against Health Care and Retirement Corporation for lack of personal jurisdiction. We reverse and remand with instructions to conduct an evidentiary hearing because the affidavits in support of and in opposition to the motion to dismiss are conflicting and do not fully resolve the issue of jurisdiction. See Venetian Salami Co. v. Parthenais, 554 So.2d 499 (Fla. 1989); Walt Disney Co. v. Nelson, 677 So.2d 400 (Fla. 6th DCA 1996).

REVERSED and REMANDED with instructions.

GOSHORN, PETERSON and ANTOON, JJ., concur.

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727 So. 2d 415, 1999 Fla. App. LEXIS 3330, 1999 WL 147978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horizons-rehabilitation-inc-v-health-care-retirement-fladistctapp-1999.

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