![]() ![]() Multiple Florida cases illustrate how important sworn affidavits are. 3d DCA 2015 ) (reversing denial of nonresident husband’s motion to dismiss accompanied by his affidavit detailing reasons his wife could not plead sufficient allegations to establish personal jurisdiction over him). ![]() In reviewing a motion to quash service or dismiss for lack of personal jurisdiction, the court likely will derive facts from the sworn affidavits to support challenges, transcripts, and other records. Courts Derive Facts About Threshold Challenges to Service of Process or Jurisdiction from Affidavits His sworn affidavit denied he owned Florida property currently, resided in Florida when she filed her action to domesticate and enforce a Hawaiian divorce decree, or maintained substantial, ongoing contacts with Florida. He challenged her jurisdictional allegations about how long he had lived in Florida before he left, the properties he used to own in Florida, and the possibility that he may still own property in Florida. She failed to establish a basis under Florida’s long-arm statute for specific or general personal jurisdiction over him to adjudicate her claims to domesticate and enforce a Hawaiian divorce judgment. ![]() In Murphy, the trial court should have dismissed a former wife’s action against her nonresident former husband. Similarly, a defendant’s coming forward with sworn affidavits to contest jurisdictional allegations a spouse may have plead shifts the burden to the spouse to prove by affidavit the basis upon which long-arm jurisdiction may be obtained. But, if the spouse attempting to establish jurisdiction over the nonresident fails to plead a legally sufficient basis for personal jurisdiction over it, the burden of refuting jurisdictional facts with affidavits doesn’t shift to the nonresident. Nonresident defendant corporations or trusts challenging long-arm jurisdiction in a Florida divorce must file sworn affidavits to support their challenges. Sampson (part 8 of 8) Sworn Affidavits: Important to Be Prepared!Īn entity drawn into a family law dispute typically must assemble sworn affidavits to support challenges to service of process or personal jurisdiction or both. ![]()
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