Opinion
No. 3D19-609
02-05-2020
Mikail ROJAS and Corporacion Alba, C.A., Appellants, v. Carlos GALLAMINI, Appellee.
Piedra & Associates, P.A., and Jorge L. Piedra and Eduardo J. Casal, for appellants. Marin, Eljaiek, Lopez & Martinez, P.L., and Steven E. Gurian, for appellee.
Piedra & Associates, P.A., and Jorge L. Piedra and Eduardo J. Casal, for appellants.
Marin, Eljaiek, Lopez & Martinez, P.L., and Steven E. Gurian, for appellee.
Before EMAS, C.J., and SCALES and LOBREE, JJ.
PER CURIAM. Venezuelan Mikail Rojas (the "borrower") and Corporacion Alba, C.A. ("Alba"), a foreign corporation, appeal the denial of their motion to dismiss for lack of personal jurisdiction. The borrower, the sole shareholder of Alba, received a loan from Carlos Gallamini (the "lender"), also Venezuelan, allegedly after negotiations taking place outside of Florida but requiring payment within the state. Our review of the record reflects that neither the borrower nor Alba had sufficient minimum contacts with the state. See Highland Stucco & Lime Prods., Inc. v. Onorato, 259 So. 3d 944, 948 (Fla. 3d DCA 2018) ; Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 503 (Fla. 1989) (mere failure to pay money in Florida insufficient); Two Worlds United v. Zylstra, 46 So. 3d 1175, 1178 (Fla. 2d DCA 2010) (vacationing several times per year insufficient); Shoppers Online, Inc. v. E–Pawn, Inc., 792 So. 2d 615, 617 (Fla. 4th DCA 2001) (plaintiff's failure to refute defendant's sworn testimony required dismissal where testimony sufficiently contested complaint's basis for long-arm jurisdiction). We therefore reverse the order under review, and remand with instructions to enter an order of dismissal.
Reversed.