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Becker v. Hooshmand3/12/2003
This appeal arises from a trial court's denial of a defendant's motion to dismiss based on alleged lack of personal jurisdiction. For the reasons explained below, we affirm the trial court's decision.
Appellant, Patricia Becker, was named as the defendant in a multi-count civil action brought by Dr. Hooshmand. Becker is a resident of Chester County, Pennsylvania. Dr. Hooshmand is a licensed physician practicing in Indian River County, Florida.
In Dr. Hooshmand's complaint, he alleged that Ms. Becker, through her activity on the internet, should be found liable for defamation, defamation per se, and tortious interference with a business relationship. Dr. Hooshmand further alleged that Ms. Becker is a moderator of an internet chat room and has posted numerous defamatory comments about him that were targeted to Florida residents, or people likely to seek medical care in the state of Florida, which resulted in injury to his reputation and business. Becker responded to the complaint with a motion to dismiss alleging that the court could not properly exercise jurisdiction over her. The trial court disagreed, and so do we.
The applicable standard of review is de novo. See Taylor v. City of Riviera Beach, 801 So. 2d 259 (Fla. 4th DCA 2001).
The Florida Supreme Court has held that determining the propriety of the exercise of long arm jurisdiction in Florida is a two-step inquiry. Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla. 1989). The first step is to determine if the plaintiff has established sufficient jurisdictional facts to subject the defendant to Florida's long arm jurisdiction. Id. at 502. Once the first step has been satisfied, the second inquiry is whether the defendant possesses sufficient minimum contacts to satisfy the constitutional due process requirements. Id. at 500. The initial burden falls on the plaintiff to plead the basis for service under the long-arm statue. Id. at 502. The plaintiff may satisfy this initial burden either by alleging the language of the statute without pleading supporting facts, or by alleging specific facts that indicate that the defendant's actions fit within one of the sections of Florida's long arm statute, section 48.193. Id.
Additionally, "a defendant wishing to contest the allegations of the complaint concerning jurisdiction or to raise a contention of minimum contacts must file affidavits in support of his position." Id. at 502. If a defendant submits such an affidavit, then the burden shifts back to plaintiff to submit affidavits establishing the basis for jurisdiction. Id.
We conclude that the allegations of the complaint satisfy Dr. Hooshmand's initial burden. Florida's long arm statute provides in part:
"Any person, whether or not a citizen or resident of this state, who personally or through an agent does any of the acts enumerated in this subsection thereby submits himself or herself and, if he or she is a natural person, his or her personal representative to the jurisdiction of the courts of this state for any cause of action arising from the doing of any of the following acts:
(b) Committing a tortious act within this state.
(f) Causing injury to persons or property within this state arising out of an act or omission by the defendant outside this state, if, at or about the time of the injury, either:
1. The defendant was engaged in solicitation or service activities within this state; . . ยง 48.193, Fla. Stat.
The initial threshold was satisfied in the complaint by alleging facts that indicate that the defendant's actions fit within one of the sections of Florida's long arm statute, section 48.193. Specifical
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