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ITALTELAI S.A.S. DI PIZZA v. WOOTEN

District Court of Appeal of Florida, Third District
Apr 29, 1980
382 So. 2d 885 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-2319.

April 29, 1980.

Interlocutory Appeal from Circuit Court, Dade County; Milton G. Rubin, Judge.

Corlett, Merritt, Killian Sikes and Gerald E. Rosser, Miami, for appellants.

Herskowitz Grossman and Jack L. Herskowitz, Miami, for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.


This is an appeal from a non-final order entered by the Circuit Court of Dade County, denying appellants' motion to dismiss for lack of jurisdiction over the person. We find error and reverse.

Appellee's having failed to meet its burden of proving facts sufficient to establish in personam jurisdiction over appellant, a foreign corporation, the trial court erred in denying the appellee's motion to dismiss. See Harlo Products Corp. v. J.I. Case Company, 360 So.2d 1328 (Fla. 1st DCA 1978) and Hyco Manufacturing Company v. Rotex International Corporation, 355 So.2d 471 (Fla. 3d DCA 1978).

Reversed.


Summaries of

ITALTELAI S.A.S. DI PIZZA v. WOOTEN

District Court of Appeal of Florida, Third District
Apr 29, 1980
382 So. 2d 885 (Fla. Dist. Ct. App. 1980)
Case details for

ITALTELAI S.A.S. DI PIZZA v. WOOTEN

Case Details

Full title:ITALTELAI S.A.S. DI PIZZA SILVANO COMPANY AND ALLIANZ VERSICHERUNGS, A.V.…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 29, 1980

Citations

382 So. 2d 885 (Fla. Dist. Ct. App. 1980)