Full Opinion

Third District Court of Appeal State of Florida Opinion filed October 29, 2026. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D26-0143 Lower Tribunal No. 25-7170-CA-01 ________________ Heather S. Maloney, Appellant, vs. A Better Blind, Inc., Appellee. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Javier A. Enriquez, Judge. Cornell & Associates, P.A., and Ware Cornell, Jr. (Weston), for appellant. Berger Singerman LLP, and Anthony Carriuolo, for appellee. Before FERNANDEZ, LINDSEY and REBULL, JJ. PER CURIAM. Affirmed. Int'l Univ. of Health Scis. Ltd., Inc. v. Abeles, 299 So. 3d 405, 408 (Fla. 4th DCA 2020) (“[R]eview of a nonfinal order on a motion to dismiss for lack of personal jurisdiction or improper service is de novo as to the court's legal rulings.”); McNae v. Fitzgerald, 400 So. 3d 748, 752 (Fla. 3d DCA 2024) (“Florida has held that in addition to the forum clause, there must be some independent basis for state jurisdiction in order to bring a nonresident into our courts. The additional basis in this case is [the defendant's alleged] breach of contract in Florida by failing to [meet his contractual obligations] here.” (quoting Desai Patel Sharma, Ltd v. Don Bell Indus., Inc., 729 So. 2d 453, 454 (Fla. 5th DCA 1999))); Machtinger v. Inertial Airline Servs., Inc., 937 So. 2d 730, 734 (Fla. 3d DCA 2006) (“However, where the trial court's decision is based on live testimony, the appellate court defers to the trial court's determination of the facts[,]” which are reviewed for competent substantial evidence.); Intego Software, LLC v. Concept Dev., Inc., 198 So. 3d 887, 893 (Fla. 1st DCA 2016) (“If a defendant's affidavits supporting dismissal for lack of personal jurisdiction merely assert legal conclusions or otherwise fail to controvert the pertinent factual allegations of a complaint, the burden of proof on the existence or nonexistence of jurisdiction does not shift back to the plaintiff.”). 2