Volkswagenwerke, A. G. v. McMillan

District Court of Appeal of Florida

Volkswagenwerke, A. G. v. McMillan

359 So. 2d 580, 1978 Fla. App. LEXIS 16089

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 1978

DocketNo. JJ-194

StatusPublished

Cited by1 cases

This text of 359 So. 2d 580 (Volkswagenwerke, A. G. v. McMillan) 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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Volkswagenwerke, A. G. v. McMillan, 359 So. 2d 580, 1978 Fla. App. LEXIS 16089 (Fla. Ct. App. 1978).

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Opinion

SMITH, Judge.

An interlocutory appeal from an order sustaining jurisdiction of a foreign manufacturer under Section 48.181, Florida Statutes (1975). Plaintiff’s proof on the jurisdictional issues was supplied by an affidavit of one of her attorneys of record. That affidavit, though largely hearsay and otherwise inappropriate, Hubbard v. Hubbard, 233 So.2d 150 (Fla. 4th DCA 1970), apparently was not objected to. We give it, therefore, the probative effect it naturally commands. It is insufficient fti its generality to support the essential jurisdictional findings. The order denying defendant’s motion to dismiss is REVERSED and the case is REMANDED for further proceedings on the motion.

BOYER, Acting C. J., and BOOTH, J., concur.

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SMITH, Judge.

An interlocutory appeal from an order sustaining jurisdiction of a foreign manufacturer under Section 48.181, Florida Statutes (1975). Plaintiff’s proof on the jurisdictional issues was supplied by an affidavit of one of her attorneys of record. That affidavit, though largely hearsay and otherwise inappropriate, Hubbard v. Hubbard, 233 So.2d 150 (Fla. 4th DCA 1970), apparently was not objected to. We give it, therefore, the probative effect it naturally commands. It is insufficient fti its generality to support the essential jurisdictional findings. The order denying defendant’s motion to dismiss is REVERSED and the case is REMANDED for further proceedings on the motion.

BOYER, Acting C. J., and BOOTH, J., concur.

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359 So. 2d 580, 1978 Fla. App. LEXIS 16089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/volkswagenwerke-a-g-v-mcmillan-fladistctapp-1978.

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