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HORIZON AGGRESSIVE GROWTH, L.P. v. ROTHSTEIN-KASS

No. 04-12890.

421 F.3d 1162 (2005)

HORIZON AGGRESSIVE GROWTH, L.P., a Delaware limited partnership, Plaintiff-Appellant, v. ROTHSTEIN-KASS, P.A., a New Jersey professional corporation, Rothstein Kass & Company, P.C., a California professional corporation, Rothstein, Kass & Company, Certified Public Accountants, P.C., a New York professional corporation, John Does, 1-40, Marc J. Wolf, Defendants-Appellees. Gilbert H. Davis, Sims Moss Kline & Davis, LLP, a Georgia limited liability partnership, Defendants.

United States Court of Appeals, Eleventh Circuit.

August 23, 2005.

Attorney(s) appearing for the Case

Kenneth J. Catanzarite, Catanzarite Law Corp., Anaheim, CA, Mark C. Dungan, Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., Sarasota, FL, C. Morris Mullin, Columbus, GA, for Plaintiff-Appellant.

Scott A. Cole, Cole, Scott & Kissane, P.A., Miami, FL, Betsy Ellwanger Gallagher, Cole, Scott & Kissane, P.A., Tampa, FL, Joel M. Wolosky, Bondy & Schloss, LLP, New York City, Michael S. Reeves, Gorby, Reeves & Peters, P.C., Atlanta, GA, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, and BIRCH and COX, Circuit Judges.

BIRCH, Circuit Judge:

This appeal requires us to address whether Florida's Long-Arm statute, FLA. STAT. CH. 48.193, permits the assertion of in personam jurisdiction over an out-of-state auditing company that, in the negotiation of contracts and in the rendition of services from its out-of-state office, telephonically contacted a Florida-based partnership and electronically accessed its computer files. The district court found that Defendants-appellees Rothstein...

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