United Credit Recovery, LLC v. Bexten, 6:11-cv-01714

UCR buys debts and assigns them to agencies while retaining ownership; Bexten was a principal in I Recovery and provided software/hardware.
Owens, a Nevada resident, was the collections manager for I Recovery.
In Oct 2011, Bexten terminated UCR’s access to equipment, enabling I Recovery to collect for Bexten’s benefit against Imperial Recovery.
UCR sued on Oct 25, 2011 and obtained a temporary restraining order the same day.
A settlement during TRO proceedings dissolved the TRO and allowed the parties to resume separate collections; amended complaint filed May 8, 2012.
UCR alleges Owens acted within his employment scope but also committed torts; Owens allegedly traveled to Florida to work in Florida offices.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Owens is subject to Florida jurisdiction under 48.193(1) or (10)(b).	UCR contends specific jurisdiction based on Florida long-arm provisions.	Owens denies Florida acts and involvement; no Florida business presence alleged.	Lacked personal jurisdiction; motion granted.
Whether UCR provided competent proof to support jurisdiction once Owens objected.	Potillo affidavit identifies Owens as a possible culprit; sufficient proof exists.	Potillo testimony is speculative and not based on personal knowledge.	Insufficient evidence to establish jurisdiction; burden not met.
Whether UCR can pursue claims against Owens in Florida despite lack of jurisdiction.	Jurisdiction is essential to proceed against Owens for tort claims.	Without jurisdiction, claims cannot be maintained against Owens here.	Claims dismissed without prejudice for lack of personal jurisdiction.

Posner v. Essex Ins. Co., Ltd., 178 F.3d 1209 (11th Cir. 1999) (burden on plaintiff to establish prima facie jurisdiction)
Meier v. Sun Int’l Hotels, Ltd., 288 F.3d 1264 (11th Cir. 2002) (burden shifts to plaintiff when defendant challenges jurisdiction)
Dublin Co. v. Peninsular Supply Co., 309 So. 2d 207 (Fla. 4th DCA 1975) (competent proof required to substantiate jurisdictional allegations)
Polski Linie Oceaniczne v. Seasafe Transp. A/S, 795 F.2d 968 (11th Cir. 1986) (procedure for establishing personal jurisdiction under Florida long-arm statute)
Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408 (U.S. 1984) (minimum contacts and purposeful availment analysis for due process)
Stubbs v. Wyndham Nassau Resorts & Crystal Palace Casino, 447 F.3d 1357 (11th Cir. 2006) (specific vs. general jurisdiction; relatedness requirement)
Horizon Aggressive Growth, L.P. v. Rothstein-Kass, P.A., 421 F.3d 1162 (11th Cir. 2005) (minimum contacts and nexus for specific jurisdiction)
Diamond Crystal Brands, Inc. v. Food Movers Int’l, Inc., 593 F.3d 1249 (11th Cir. 2010) (assessing relatedness and nexus for in-forum claims)