SEALE v. BLACK INDUSTRIES, INC.

No. 93-2878.

650 So.2d 1121 (1995)

Ronald F. SEALE, Sr., Appellant, v. BLACK INDUSTRIES, INC., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

February 24, 1995.


Attorney(s) appearing for the Case

William Randolph Klein, of W.R. Klein, P.A., Sarasota, for appellant.

John S. Schoene of Schoene, Byrd & Palmer, Winter Park, for appellees Aubrey Rigsbee, Martin O'Neil, John Mathewson, Guardian Bank and Trust (Cayman), Ltd. and RFS Acquisitions Fund, L.P.

No Appearance for appellee Black Industries, Inc.


GRIFFIN, Judge.

We affirm the appealed order of dismissal based on lack of in personam jurisdiction. Specifically, we observe that Seale is not entitled to an evidentiary hearing.

The relevant pleading, an unsworn "Amended Counterclaim and Crossclaim," which attempted to add Mathewson and Guardian as parties to the lawsuit, is lacking in any jurisdictional allegation. Seale acknowledges in his brief that the court is required to conduct a hearing only...

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