Mikail Rojas and Corporacion Alba, C.A. v. Carlos Gallamini
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 5, 2020
Docket3D19-0609
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed February 5, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-609
Lower Tribunal No. 16-19047
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Mikail Rojas and Corporacion Alba, C.A.,
Appellants,
vs.
Carlos Gallamini,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, Reemberto Diaz, Judge.
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.
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