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BOSWELL v. BOSWELL

No. 4D04-2167.

902 So.2d 844 (2005)

Tiffany S. BOSWELL, an individual shareholder and in her representative capacities as Trustee of the Johnathan R. Boswell Trust UTD July 30, 1993, and Julie C. Boswell Trust UTD July 30, 1993 as shareholders, and Johnathan Boswell, individually as a shareholder, on behalf of ISCO Holding Company, Inc., Appellants, v. John J. BOSWELL, individually, James Bradley Boswell, individually, Amie E. Boswell-Dewane, individually, and ISCO Holding Company, Inc., a Missouri corporation and nominal defendant, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 23, 2005.

Attorney(s) appearing for the Case

Philip M. Burlington of Philip M. Burlington, P.A., and Jeffrey D. Fisher of Fisher & Bendeck, P.A., West Palm Beach, and Steven M. Katzman and Charles M. Bennardini of Katzman, Wasserman & Bennardini, Boca Raton, for appellants.

L. Louis Mrachek, Roy E. Fitzgerald and Alan B. Rose of Page, Mrachek, Fitzgerald & Rose, P.A., West Palm Beach, for appellees James Bradley Boswell and Amie Boswell-Dewane.

KLEIN, J.

This is an appeal from an order dismissing a complaint for lack of personal jurisdictional over two individual non-resident defendants, Brad Boswell and Amy Boswell-Dewane, in a shareholder derivative action, brought on behalf of ISCO Holding Company, Inc.

Plaintiffs allege that these two defendants, who are directors of ISCO, committed torts which caused injury in Florida and are subject to personal jurisdiction under section 48.193(1)(b), Florida...

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