Acquadro v. Bergeron

Summary

The Florida Supreme Court reviewed whether Florida courts could exercise personal jurisdiction over Massachusetts residents based on alleged tortious telephone communications into Florida under section 48.193(1)(b), Florida Statutes. The court approved the Fourth District's determination that jurisdiction over Rose Acquadro and Dr. Martin Acquadro was proper, holding that the defendants' affidavits did not sufficiently refute the jurisdictional allegations. The court also addressed the burden-shifting procedure for challenging personal jurisdiction under Venetian Salami Co. v. Parthenais.

Holdings

1. A nonresident's telephonic communications into Florida may constitute a tortious act in Florida and support personal jurisdiction under section 48.193(1)(b) when the cause of action arises from those communications; the defendant's physical presence in Florida is not required.
2. Rose Acquadro's affidavit, which merely stated that she did not make defamatory statements, was insufficient to refute the factual allegation that she stated Bergeron had AIDS and therefore did not shift the burden to Bergeron.
3. Martin Acquadro's factual denials that he communicated with Bonnie Towing before Bergeron's arrest or offered benefits to procure the arrest shifted the burden to Bergeron as to the false arrest and false imprisonment claims, but his denials that he lied or provided false information were legal conclusions insufficient to shift the burden as to malicious prosecution.

Questions Presented

1. Whether Florida could exercise specific personal jurisdiction over Massachusetts residents under section 48.193(1)(b), Florida Statutes, based on alleged tortious telephone communications into Florida.
2. Whether the Acquadros' affidavits were legally sufficient to shift to Bergeron the burden of establishing the basis for personal jurisdiction.
3. Whether the affidavits sufficiently refuted the jurisdictional allegations as to Rose Acquadro's defamation claim and Martin Acquadro's claims for false arrest, false imprisonment, and malicious prosecution.

Disposition

approved