Tuesday, June 9, 2009

Order on Motion to Dismiss for Lack of Personal Jurisdiction Not Appealable Unless the Order Specifically Rules on Personal Jurisdiction

In Frier v. Frier (1D09-1141), the First District dismissed the appeal for lack of jurisdiction. Ruling on a motion to dismiss for lack of personal jurisdiction, the trial court determined "that it has jurisdiction of at least certain issues in the pending action."

The First District held that "The law is clear that 'the term jurisdiction of the person in rule 9.130(a)(3)(C)(i)' refers to service of process or to the applicability of the long arm statute to non-residents...Therefore, only those interlocutory orders that determine issues involving service of process or applicability of the long arm statute are appealable under this section of Florida Rule of Appellate Procedure 9.130...Therefore, where a motion challenging the trial court’s in personam jurisdiction is denied without necessarily making a determination as to whether the court has jurisdiction over the person, the order is not appealable as an order that determined jurisdiction of the person."


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