Debora Ann McEwen, as Successor Trustee of Sefton Bennett Strickland living trust dated August 19, 2014 v. Everett Russel Strickland

Summary

The court held that Florida’s trust-specific long-arm statute, Fla. Stat. § 736.0202, and due process permitted personal jurisdiction over a non-resident defendant who interfered with a trust having its principal place of administration in Florida. It further found that the plaintiff trustee adequately alleged diversity jurisdiction and an amount in controversy exceeding $75,000 based on conversion of trust property. Nevertheless, venue was improper under 28 U.S.C. § 1391(b) because the defendant’s alleged wrongful acts occurred in North Carolina and no trust property was situated in the district, leading to dismissal without prejudice.

Holdings

1. The court has personal jurisdiction because the trust's principal place of administration is in Florida and defendant's actions related to the trust constitute sufficient minimum contacts with Florida, satisfying Florida's trust-specific long-arm statute and the Due Process Clause.
2. The court has diversity jurisdiction because the parties are completely diverse (plaintiff is a Florida citizen, defendant is a North Carolina citizen) and the amount in controversy exceeds $75,000 based on the alleged conversion of a house worth over $250,000.
3. Venue is improper because defendant resides in North Carolina, no substantial part of the events or omissions giving rise to the claim occurred in Florida, and no trust property is situated in this district; proper venue lies in the Middle District of North Carolina.

Questions Presented

1. Whether the court has personal jurisdiction over defendant under Florida's long-arm statute and due process.
2. Whether the court has subject matter jurisdiction under 28 U.S.C. § 1332 based on diversity of citizenship and amount in controversy.
3. Whether venue is proper in the Middle District of Florida under 28 U.S.C. § 1391.

Disposition

dismissed