Acquadro v. Bergeron
Florida Supreme Court
851 So. 2d 665 (2003)
- Written by Liz Nakamura, JD
Facts
Janet Bergeron (defendant) lived with Edward Acquadro in Florida. While at Bonnie Towing & Recovery, Inc. (Bonnie Towing) to recover the car Bergeron shared with Edward, Bergeron physically assaulted Edward. Bonnie Towing employees called the police, and Bergeron was arrested. Edward’s relatives, Martin Acquadro and Rose Acquadro (plaintiffs), lived in Massachusetts, and Edward moved to Massachusetts after the assault. Bergeron spent 13 days in jail before being released. Upon Bergeron’s return home, Rose called Bergeron’s sister, Jacqueline Branz, and told Branz that Bergeron had AIDS. Bergeron sued Martin and Rose, alleging (1) defamation based on Rose’s phone call with Branz; (2) false arrest and false imprisonment based on Martin allegedly calling Bonnie Towing to arrange for Bergeron’s arrest; and (3) malicious prosecution based on Martin allegedly lying during a phone call with Florida police about Bergeron. Bergeron claimed personal jurisdiction over Rose and Martin under Florida’s long-arm statute. Rose and Martin, both Massachusetts residents, moved to dismiss for lack of jurisdiction, arguing that (a) telephonic communications alone were insufficient to establish long-arm jurisdiction; and (b) their affidavits challenging Florida’s long-arm jurisdiction were sufficient to shift the burden of proof back to Bergeron. Rose’s affidavit simply stated that she did not make defamatory statements. Martin’s affidavit (i) stated that he did not lie to the police about Bergeron; and (ii) contained specific, factual refutations of Bergeron’s false-arrest and false-imprisonment claims. The trial court denied Rose and Martin’s motion to dismiss, holding that Rose and Martin failed to meet their burden of proof to challenge Florida’s long-arm jurisdiction. On appeal, the appellate court affirmed. Rose and Martin appealed to the Florida Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Quince, J.)
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