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Biernath v. First Nat. Bank and Trust

District Court of Appeal of Florida, Third District
Sep 6, 1988
530 So. 2d 505 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2877.

September 6, 1988.

Appeal from the Circuit Court, Dade County, David L. Tobin, J.

Hall O'Brien and Scott Alan Orth, Miami, for appellant.

Akerman, Senterfitt Eidson and Stanley H. Wakshlag and Nina Kole Brown and Kathleen J. Cooper, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.


The order appealed dismisses a complaint for lack of in personam jurisdiction over a properly served defendant where full discovery on jurisdictional issues was frustrated. We reverse on the appellant's first point without reaching other procedural questions. A plaintiff may seek non-party discovery as to issues of jurisdiction over the defendant. See F. Hoffmann LaRoche Co., Ltd. v. Felix, 512 So.2d 997 (Fla. 3d DCA 1987).

Recent cases of this court may guide a resolution of the remaining jurisdictional issues. See Pipkin v. Wiggins, 526 So.2d 1002 (Fla. 3d DCA 1988) (long-arm jurisdiction does not require defendant/tortfeasor's physical presence in the state) and E.J. Sales Service, Inc. v. Southeast First Nat'l Bank of Miami, 415 So.2d 906 (Fla. 3d DCA 1982) (cause of action for conversion accrues where funds were wrongfully acquired).

REVERSED AND REMANDED.


Summaries of

Biernath v. First Nat. Bank and Trust

District Court of Appeal of Florida, Third District
Sep 6, 1988
530 So. 2d 505 (Fla. Dist. Ct. App. 1988)
Case details for

Biernath v. First Nat. Bank and Trust

Case Details

Full title:HANS BIERNATH, APPELLANT, v. FIRST NATIONAL BANK AND TRUST OF BEVERLY, NEW…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 6, 1988

Citations

530 So. 2d 505 (Fla. Dist. Ct. App. 1988)