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Hansen v. Cooper

District Court of Appeal of Florida, Fourth District
Jun 9, 1999
733 So. 2d 1144 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-4378

Opinion filed June 9, 1999

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James T. Carlisle, Judge; L.T. No. CL96-1676 AE.

G. Michael Keenan of G. Michael Keenan, P.A., West Palm Beach, for appellant.

No appearance for appellees.


As to appellee, Extrudawood, U.K., Ltd., we reverse the order dismissing the action for lack of jurisdiction and remand for an evidentiary hearing on the motion to dismiss. Because essential facts contained in the parties' affidavits were in conflict, the court was required to conduct a limited evidentiary hearing to resolve the disputed facts. See, e.g., Washington Capital Corp. v. Milandco, Ltd., 695 So.2d 838, 841 (Fla. 4th DCA 1997). Extrudawood's affidavit alleged that its representatives "never met with the Plaintiffs in the United States" and that the only contact the company had had with appellants in the United States was "certain correspondence and telephone calls to [appellants]." Appellants asserted that Extrudawood had "continuous contacts within the State of Florida from January of 1995 through February of 1996" which included the "preparation and execution of a Memorandum of Understanding which was executed in the State of Florida" and the establishment of two North American corporations with offices in Palm Beach County for the purposes of licensing, distributing and manufacturing Extrudawood.

As to appellee, Charles Lam, we affirm the order of dismissal.

Affirmed in part; reversed in part and remanded.

STONE, C.J., WARNER and GROSS, JJ., concur.


Summaries of

Hansen v. Cooper

District Court of Appeal of Florida, Fourth District
Jun 9, 1999
733 So. 2d 1144 (Fla. Dist. Ct. App. 1999)
Case details for

Hansen v. Cooper

Case Details

Full title:ROBERT T. HANSEN and MICHAEL C. FERRIER, Appellants, v. ROSS COOPER…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 9, 1999

Citations

733 So. 2d 1144 (Fla. Dist. Ct. App. 1999)

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