John D. Sarai v. Merchant Capital Group LLC, Etc.

Summary

The Florida Third District Court of Appeal reversed a non-final order denying John D. Sarai’s motion to dismiss for lack of personal jurisdiction. The court held that the complaint did not allege sufficient facts under Florida’s long-arm statute and that Sarai’s unrebutted affidavit shifted the burden to Merchant Capital Group LLC to establish jurisdiction through sworn proof. The court remanded with instructions to dismiss the complaint for lack of personal jurisdiction.

Holdings

1. The complaint did not allege sufficient jurisdictional facts to establish that Sarai breached a contract in Florida by failing to perform acts required to be performed in Florida.
2. Sarai's affidavit was legally sufficient to satisfy his threshold burden and shifted to Greenbox the burden of proving a valid basis for personal jurisdiction by affidavit or other sworn proof.
3. Greenbox's failure to submit a counter-affidavit or other sworn proof establishing a valid basis for jurisdiction required dismissal of the complaint for lack of personal jurisdiction.

Questions Presented

1. Whether Greenbox's complaint alleged sufficient facts to bring its claims against Sarai within Florida's long-arm statute.
2. Whether Sarai's affidavit was legally sufficient to shift the burden to Greenbox to establish a valid basis for personal jurisdiction by affidavit or other sworn proof.
3. Whether the Florida choice-of-law and venue provision, the alleged place-of-payment presumption, or the absence of a hearing transcript supported personal jurisdiction or required affirmance.

Disposition

reversed_and_remanded