Russo v. Fink
87 So. 3d 815
Fla. Dist. Ct. App.2012Background
- Russo, a Florida resident, sues Leonard and Marilyn Fink, Nevada residents, for conversion, civil theft, breach of fiduciary duty (Leonard only), and civil conspiracy.
- Allegations center on two joint Florida accounts funded by Russo and her father Irving; funds allegedly withdrawn by Leonard without Russo’s or Irving’s knowledge.
- Marilyn allegedly knew of Leonard’s actions and encouraged him to obtain the funds.
- Russo demanded her share after Irving’s death; the complaint alleges Florida situs of the wrongful acts via the Florida account.
- Marilyn moved to dismiss for lack of personal jurisdiction; the trial court allowed limited discovery and dismissed as to Marilyn.
- Court holds dismissal was proper, but for the wrong reason; reviews de novo and affirms, with dismissal without prejudice proposed for amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under long-arm | Russo argues Marilyn’s Florida-related torts justify long-arm jurisdiction. | Marilyn contends no Florida minimum contacts or tort acts occurred here. | Dismissal affirmed for insufficient long-arm allegations. |
| Conspiracy sufficiency | Russo contends Marilyn knowingly conspired with Leonard to deprive her. | Marilyn denies an agreement or participation; knowledge alone is insufficient. | Conspiracy claim deficient for lack of alleged agreement. |
Key Cases Cited
- Venetian Salami Co. v. Parthenais, 554 So.2d 499 (Fla. 1989) (two-prong test: long-arm reach and due process)
- Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So.2d 638 (Fla. 1999) (right-result-right-reason doctrine)
- Merkin v. PCA Health Plans of Fla., Inc., 855 So.2d 137 (Fla. 3d DCA 2003) (tort accrues where wrongful act occurs)
- Envases Venezolanos, S.A. v. Collazo, 559 So.2d 651 (Fla. 3d DCA 1990) (where wrongful act occurs governs accrual)
- Two Worlds United v. Zylstra, 46 So.3d 1175 (Fla. 2d DCA 2010) (continuous and systematic requirement for general jurisdiction)
- Henderson v. Elias, 56 So.3d 86 (Fla. 4th DCA 2011) (jurisdictional dismissal should be without prejudice to amend)
- World Class Yachts, Inc. v. Murphy, 731 So.2d 798 (Fla. 4th DCA 1999) (statements on amendment after jurisdictional defects)