136 So. 3d 666
Fla. Dist. Ct. App.2014Background
- Spielman obtained a final judgment against Ronald Jarboe for $754,720.40 and sought proceedings supplementary.
- Spielman impleaded The Jarboe Family and Friends Irrevocable Living Trust and its Trustee, alleging fraudulent transfers to delay, hinder, or defraud her.
- Trust and Trustee moved to dismiss for lack of Florida in personam jurisdiction, submitting a Kentucky-centric affidavit.
- Spielman relied on deposition and documents to argue jurisdiction based on Florida conduct, while Trust/Trustee argued for Venetian Salami procedures.
- Trial court denied the motions to dismiss, ruling Florida long-arm jurisdiction existed under section 56.29, without addressing Venetian Salami.
- The appellate court held Florida long-arm jurisdiction over nonresident impleaded parties must be evaluated under Venetian Salami, and remanded for proper analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether long-arm jurisdiction applies to nonresident impleaded defendants in proceedings supplementary. | Spielman asserts jurisdiction via Florida long-arm under Venetian Salami. | Trust and Trustee contend Venetian Salami controls and burden rests on defendants with affidavits. | Remand to apply Venetian Salami in personam jurisdiction analysis. |
| Whether the procedural prerequisites of section 56.29 allow jurisdiction over impleaded nonresidents. | 56.29 suffices to join third parties; jurisdiction hinges on pleadings. | 56.29 does not, by itself, establish long-arm jurisdiction; proper Venetian Salami procedure required. | Venetian Salami governs; 56.29 prerequisites are insufficient alone. |
| Whether the trial court properly disregarded Venetian Salami and relied solely on pleadings to assert jurisdiction. | Jurisdiction evidenced by fraudulently transferred assets; pleadings are enough. | Court must follow Venetian Salami’s burden-shifting and evidentiary framework. | Reversed for proper Venetian Salami analysis. |
Key Cases Cited
- Fundamental Long Term Care Holdings, LLC v. Estate of Jackson, 110 So.3d 6 (Fla. 2d DCA 2012) (procedural prerequisites for proceedings supplementary; jurisdiction via 56.29)
- Estate of Jackson, 110 So.3d 11 (Fla. 2d DCA 2012) (authority on jurisdictional prerequisites under 56.29)
- Exceletech, Inc. v. Williams, 579 So.2d 850 (Fla. 5th DCA 1991) (improper expansion of third-party impleader notice; due process)
- Venetian Salami Co. v. Parthenais, 554 So.2d 499 (Fla. 1989) (long-arm jurisdiction procedure: affidavits, burden on plaintiff, possible limited hearing)
- Tabet v. Tabet, 644 So.2d 557 (Fla. 3d DCA 1994) (application of long-arm statute to nonresident impleaders)
- Neff v. Adler, 416 So.2d 1240 (Fla. 4th DCA 1982) (nonresident third-party impleader jurisdiction; Venetian Salami line of cases)
- Mejia v. Ruiz, 985 So.2d 1109 (Fla. 3d DCA 2008) (jurisdictional prerequisites for proceedings supplementary)