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MADONNA v. GAYNOR EX REL. GAYNOR

No. 2D11-4558.

95 So.3d 990 (2012)

Harry Dillon MADONNA, Appellant, v. Robert Lee GAYNOR, by and through Classie GAYNOR, Guardian de son tort; LTCSP-Pasadena, LLC; Long Term Care Institute of St. Petersburg, LLC; Florida Institute for Long Term Care, LLC; Senior Health Management-Florida, LLC; Daniel R. Davis; Linda J. Fecso; Debra Howe; Bruce M. Blake; Carol A. Crews; and Fannie L. Howell (as to Pasadena Manor), Appellees.

District Court of Appeal of Florida, Second District.

August 22, 2012.

Attorney(s) appearing for the Case

George M. Vinci, Jr. , Karen Rich , and Jeremy W. Rogers of Spector, Gadon & Rosen, LLP, St. Petersburg, for Appellant.

Isaac R. Ruiz-Carus of Wilkes & McHugh, P.A., Tampa, for Appellee Robert Lee Gaynor, by and through Classie Gaynor, Guardian de son tort.

No appearance for remaining Appellees.

ALTENBERND, Judge.

Harry Dillon Madonna appeals the trial court's nonfinal order denying his motion to dismiss the amended complaint for lack of jurisdiction over his person. We conclude that the trial court erred in failing to conduct an evidentiary hearing as required by Venetian Salami Co. v. Parthenais, 554 So.2d 499 (Fla.1989), to resolve the issues of fact relating to personal...

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