MC Trust v. De Mishaan, 273 So. 3d 1065 (2019)

April 3, 2019 · District Court of Appeal of Florida, Third District · No. 3D18-211
273 So. 3d 1065

MC TRUST, etc., Appellant,
v.
Solita Cohen DE MISHAAN, etc., Appellee.

No. 3D18-211

District Court of Appeal of Florida, Third District.

Opinion filed April 3, 2019
Rehearing Denied May 08, 2019

Philip D. Parrish, P.A., and Philip D. Parrish ; Scale Law and Jaime D. Guttman, for appellant.

Ross & Girten, and Lauri Waldman Ross and Theresa L. Girten ; Raquel A. Rodriguez, for appellee.

Before EMAS, C.J., and LOGUE and HENDON, JJ.

PER CURIAM.

Steven Mishaan ("Steven"), as trustee and on behalf of MC Trust, appeals a final judgment dismissing with prejudice his action against Solita Cohen de Mishaan ("Solita"), individually and as trustee of MC Trust, for lack of personal jurisdiction and, alternatively, on the basis of forum non conveniens.1 We affirm.

After an evidentiary hearing, the trial court determined that it did not have personal jurisdiction over Solita because she is not a resident of Florida and because Steven failed to meet his burden of establishing that she had the requisite minimum contacts with the State of Florida or that the alleged actionable tort was committed *1066in Florida. Upon our review of the evidentiary hearing transcript and the record on appeal, we agree. See § 48.193(2), Fla. Stat. (2017) ; § 736.0202(2), Fla. Stat. (2017) ; Venetian Salami Co. v. Parthenais, 554 So.2d 499 (Fla. 1989) ; Machtinger v. Inertial Airline Servs., Inc., 937 So.2d 730, 734 (Fla. 3d DCA 2006).2

Affirmed.