Opinion
Case No. 4D02-4168.
Opinion filed February 19, 2003.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jorge Labarga, Judge; L.T. Case No. CA 02-10837 AB.
Murray Hudson of Ward, Damon Posner, P.A., West Palm Beach, for appellant.
Steven L. Schwarzberg of Schwarzberg Associates, West Palm Beach, for appellee.
Plaintiff appeals an order dismissing the complaint for lack of personal jurisdiction over defendant, and in the alternative, dismissing plaintiff's complaint for failure to state a cause of action. We affirm the order dismissing for lack of personal jurisdiction. The ruling on whether the complaint failed to state a cause of action is moot.
We vacate the alternative holding that the complaint failed to state a cause of action. Having determined that the court lacked personal jurisdiction, it should not have made rulings on the merits of the case.
Affirmed as modified.
WARNER, FARMER and KLEIN, JJ., concur.