Madonna v. Gaynor ex rel. Gaynor
95 So. 3d 990
Fla. Dist. Ct. App.2012Background
- Madonna appeals a nonfinal order denying his motion to dismiss for lack of personal jurisdiction.
- Trial court did not conduct an evidentiary hearing as Venetain Salami requires to resolve disputed jurisdictional facts.
- Gaynor filed negligence, breach of fiduciary duty, and statutory claims against Pasadena Manor and related entities and Madonna personally.
- Amended complaint alleged Madonna’s ownership/management role in entities operating Pasadena Manor, asserting multiple bases for jurisdiction under Florida law.
- The record featured conflicting affidavits on Madonna’s Florida contacts; the hearing transcript shows no evidentiary testimony.
- Court reverses and remands to hold a proper limited evidentiary hearing, potentially with narrowed discovery on jurisdictional facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not holding an evidentiary hearing on jurisdiction | Gaynor asserts unresolved factual disputes require an evidentiary hearing. | Madonna contends no such hearing was necessary due to undisputed facts. | Remanded for proper limited evidentiary hearing. |
| Whether specific jurisdiction exists under § 48.193(1)(a) based on Madonna’s conduct in Florida | Ownership/management of Florida entities amounts to doing business in Florida. | Insufficient undisputed facts to establish business in Florida. | Cannot determine from record; requires evidentiary findings. |
| Whether corporate shield defeats personal jurisdiction under § 48.193(1)(b) for acts personally by Madonna | Records show acts personally committed by Madonna in Florida. | Amended complaint lacks specificity of personally committed acts. | Resolution deferred to remand with clearer allegations and proof. |
| Whether general jurisdiction exists under § 48.193(2) due to continuous and systematic Florida contacts | Madonna’s control of multiple Florida nursing-home entities demonstrates continuous contacts. | Madonna allegedly denies personal ownership/management of Florida facilities. | Record incomplete; needs evidentiary findings on contacts and ownership. |
Key Cases Cited
- Venetian Salami Co. v. Parthenais, 554 So.2d 499 (Fla. 1989) (requires limited evidentiary hearing to resolve jurisdictional facts)
- Doe v. Thompson, 620 So.2d 1004 (Fla. 1993) (corporate shield doctrine and personal acts standard)
- May v. Needham, 820 So.2d 430 (Fla. 4th DCA 2002) (general jurisdiction considerations in corporate ownership context)
- McMillan v. Troutman, 740 So.2d 1227 (Fla. 4th DCA 1999) (jurisdictional discovery and factual development guidance)