PACHECO v. PAPPALARDO CONTRACTORS, INC.

No. 93-2701.

634 So.2d 828 (1994)

John W. PACHECO, and United Telecommunications Systems, Inc., Appellants, v. PAPPALARDO CONTRACTORS, INC., Admiralty Properties, Ltd., Vincent J. Pappalardo, Nancy A. Pappalardo, Michigan National Bank, Farris Kalil, Sr., Mary Jo Forte, Vincent Borowski, and John Regan, Appellees.

District Court of Appeal of Florida, Fourth District.

April 20, 1994.


Attorney(s) appearing for the Case

Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., and F. Kendall Slinkman of Slinkman & Thillman, P.A., West Palm Beach, for appellants.

Dyanne E. Feinberg of Gilbride, Heller & Brown, P.A., Miami, for appellees.


PER CURIAM.

We reverse and remand for an evidentiary hearing on the issue of personal jurisdiction over the appellants. We agree with appellants that the trial court erred in determining the issue of personal jurisdiction on the basis of conflicting affidavits. While the pleadings allege the actual commission of tortious acts in Florida, the appellants' affidavits deny any such activity in Florida. The appellees filed an affidavit conflicting with the appellants'...

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