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Atlas Aircraft Corporation v. Buckingham

Atlas Aircraft Corp. v. Buckingham, 302 So. 2d 163 (Fla. Dist. Ct. App. 1974)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
October 25, 1974
Docket
No. 74-439
Judges
Per Curiam
Citations
302 So. 2d 1631974 Fla. App. LEXIS 8396
Cited by 8

Opinion — Per Curiam

302 So.2d 163 (1974)

ATLAS AIRCRAFT CORPORATION, Appellant,

v.

Marcia BUCKINGHAM et al., Appellees.

No. 74-439.

District Court of Appeal of Florida, Fourth District.

October 25, 1974.

*164 Michael B. Davis, Walton, Lantaff, Schroeder, Carson & Wahl, West Palm Beach, for appellant.

Wm. Bruce Harper, Jr., Frates, Floyd, Pearson, Stewart, Proenza & Richman, Miami, for appellees.

PER CURIAM.

Upon examination of the pleadings and papers in the appellate record and after consideration of the briefs and oral argument, we are of the opinion that the trial court erred in denying defendant-appellant's motion to dismiss for lack of jurisdiction. The motion to dismiss and the evidence adduced in the sworn affidavit in support thereof established a prima facie showing that the defendant's conduct and actions did not make it amenable to service of process under Florida's long-arm statute, section 48.181, F.S. See Viking Superior Corporation v. W.T. Grant Company, Fla.App. 1968, 212 So.2d 331 . Upon such a showing the burden shifted to the plaintiff to support the allegations of its complaint by way of evidence in opposition to the affidavit (which the plaintiff failed to do in the proceedings below). Defendant's motion should, therefore, have been granted.

Accordingly, the order denying defendant's motion to dismiss is vacated and set aside and the cause remanded to the trial court with the respectful direction to enter an order granting defendant's motion to dismiss with leave to the plaintiff to take such other action by pleading or proof as deemed appropriate.

Reversed and remanded.

WALDEN and MAGER, JJ., and SMITH, CULVER, Associate Judge, concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1975: 21976: 11978: 11980: 21991: 12003: 119752026peak 1975 · 2

Relies on it most ⓘ

  1. Dublin Company v. Peninsular Supply Company309 So. 2d 207 (Fla. Dist. Ct. App. 1975)
  2. Acquadro v. Bergeron851 So. 2d 665 (Fla. 2003)
  3. Prentice v. PRENTICE COLOUR, INC.779 F. Supp. 578 (M.D. Fla. 1991)
  4. Hyco Mfg. Co. v. Rotex Intern. Corp.355 So. 2d 471 (Fla. Dist. Ct. App. 1978)
  5. Weatherhead Co. v. Coletti392 So. 2d 1342 (Fla. Dist. Ct. App. 1980)
  6. ABL Realty Corp. v. Cohl384 So. 2d 1351 (Fla. Dist. Ct. App. 1980)

Most recent

  1. Acquadro v. Bergeron851 So. 2d 665 (Fla. 2003)
  2. Prentice v. PRENTICE COLOUR, INC.779 F. Supp. 578 (M.D. Fla. 1991)
  3. Weatherhead Co. v. Coletti392 So. 2d 1342 (Fla. Dist. Ct. App. 1980)
  4. ABL Realty Corp. v. Cohl384 So. 2d 1351 (Fla. Dist. Ct. App. 1980)
  5. Hyco Mfg. Co. v. Rotex Intern. Corp.355 So. 2d 471 (Fla. Dist. Ct. App. 1978)
  6. Simboli v. Miller326 So. 2d 251 (Fla. Dist. Ct. App. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Viking Superior Corp. v. WT Grant Co., 212 So. 2d 331 (Fla. Dist. Ct. App. 1968) 18

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