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KCG, Inc. v. Bolin

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Aug 8, 2018
250 So. 3d 130 (Fla. Dist. Ct. App. 2018)

Opinion

No. 4D18-927

08-08-2018

KCG, INC., as successor to K.C. Wall Products and Ruco Drywall Products, Inc., Appellant, v. Steven BOLIN and Deborah Bolin, his wife, Appellees.

Michael B. Buckley of Buckley Law Group, P.A., St. Petersburg, for appellant. Rebecca S. Vinocur of Rebecca S. Vinocur, P.A., Coral Gables, for appellees.


Michael B. Buckley of Buckley Law Group, P.A., St. Petersburg, for appellant.

Rebecca S. Vinocur of Rebecca S. Vinocur, P.A., Coral Gables, for appellees.

Per Curiam.

We reverse the trial court's denial of appellant's motion to dismiss for lack of personal jurisdiction on the authority of Southern Wall Products v. Bolin , Case No. 4D18-875, ––– So.3d ––––, 2018 WL 3569396 (Fla. 4th DCA July 25, 2018). Both cases arise out of the same underlying case, and the jurisdictional allegations are similar. In this case, Bolin alleged he was exposed to asbestos in materials manufactured by KCG or its predecessor from 1975 to 1977 in Florida. The affidavit filed by a KCG representative stated that it did not have any contacts with Florida prior to 1994. Its predecessor operated a plant in Florida starting in the early 1980's, after Bolin's alleged exposure. Bolin offered no evidence of minimum contacts, other than his own use of a product which he identified as distributed or manufactured by KCG in the 1970's. Just as in Southern Wall Products , Bolin failed to satisfy the constitutional minimum contacts for KCG to be subject to jurisdiction in Florida.

We therefore reverse and remand for entry of an order dismissing KCG from the action.

Warner, Levine and Forst, JJ., concur.


Summaries of

KCG, Inc. v. Bolin

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Aug 8, 2018
250 So. 3d 130 (Fla. Dist. Ct. App. 2018)
Case details for

KCG, Inc. v. Bolin

Case Details

Full title:KCG, INC., as successor to K.C. Wall Products and Ruco Drywall Products…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Aug 8, 2018

Citations

250 So. 3d 130 (Fla. Dist. Ct. App. 2018)