Opinion
No. 97-3493
June 10, 1998 Rehearing Denied August 19, 1998
Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; S. Joseph Davis, Judge; L.T. No. CL 96-4116 AH.
James M. McCann, Jr. of Akerman, Senterfitt Eidson, P.A., West Palm Beach, for appellant.
Louis M. Silber and Marshall J. Osofsky of Lewis, Vegosen, Rosenbach Silber, P.A., West Palm Beach, for appellees.
We reverse an order denying Bell Atlantic Corporation's motion to dismiss for lack of personal jurisdiction. The trial court conducted an evidentiary hearing focusing on whether Bell Atlantic Network Services, Inc. was acting as agent for Appellant in contracting with Appellees in Florida.
The record reflects insufficient evidence to support a conclusion that Appellant exercised control over its subsidiary company, purporting to act on its own behalf, sufficient to impose personal jurisdiction over the parent. See State of Florida v. The American Tobacco Co., 707 So.2d 851 (Fla. 4th DCA 1998). We remand for entry of an order granting the motion to dismiss.
STONE, C.J., POLEN and GROSS, JJ., concur.