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Volkswagenwerke v. McMillan

District Court of Appeal of Florida, First District
Jun 13, 1978
359 So. 2d 580 (Fla. Dist. Ct. App. 1978)

Opinion

No. JJ-194.

June 13, 1978.

Appeal from the Columbia County Circuit Court, Wallace M. Jopling, J.

J. Richard Caldwell, Jr. of Pitts, Eubanks, Ross Rumberger, P.A., Orlando, for appellant.

Arnold R. Ginsberg of Horton, Perse Ginsberg, Miami, and Guy N. Perenich of Muscarella, Perenich Carroll, P.A., Clearwater, for appellee.


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 in 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.


Summaries of

Volkswagenwerke v. McMillan

District Court of Appeal of Florida, First District
Jun 13, 1978
359 So. 2d 580 (Fla. Dist. Ct. App. 1978)
Case details for

Volkswagenwerke v. McMillan

Case Details

Full title:VOLKSWAGENWERKE, A.G., APPELLANT, v. SANDRA S. McMILLAN, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 13, 1978

Citations

359 So. 2d 580 (Fla. Dist. Ct. App. 1978)