Feedback

Tyson Asset Management Lp V Beth Sclafani

        DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
                              FOURTH DISTRICT

   TYSON ASSET MANAGEMENT, L.P., a Texas limited partnership,
              and GREGG S. TYSON, individually,
                        Appellants,

                                      v.

                             BETH SCLAFANI,
                                Appellee.

                             No. 4D2025-0281

                               [July 23, 2025]

   Appeal of nonfinal order from the Circuit Court for the Seventeenth
Judicial Circuit, Broward County; Elaine A. Carbuccia, Judge; L.T. Case
No. FMCE22-012199.

   Nancy W. Gregoire Stamper of Birnbaum, Lippman & Gregoire, PLLC,
Fort Lauderdale, and Brett P. Rogers of the Law Offices of Brett P. Rogers,
P.A., Fort Lauderdale, for appellants.

  Caroline N. Johnson of Johnson Ritchey Family, PLLC, Boca Raton, for
appellee.

PER CURIAM.

   Third party defendants, Tyson Asset Management, L.P. and Gregg S.
Tyson, appeal the trial court’s order that denied their motion to dismiss
for lack of personal jurisdiction without explanation. We reverse and
remand for the trial court to hold a limited evidentiary hearing and make
factual findings reconciling the parties’ affidavits. See Hsu v. Atassi, 399
So. 3d 1157, 1158 (Fla. 3d DCA 2024) (finding order denying motion to
dismiss for lack of personal jurisdiction insufficient where trial court failed
to include a written analysis of both prongs of Venetian Salami Co. v.
Parthenais, 554 So. 2d 499 (Fla. 1989)); HJC Corp. v. Gallardo, 338 So. 3d
316, 318 (Fla. 3d DCA 2022) (same); see also BRP-Rotax GmbH & Co KG v.
Ciccolini, 405 So. 3d 508, 510 (Fla. 3d DCA 2025) (reversing order denying
motion to dismiss for trial court to hold a limited evidentiary hearing to
harmonize the competing affidavits). We take no position on the merits of
the substantive personal jurisdiction issue.
  Reversed and remanded.

WARNER, CIKLIN and KLINGENSMITH, JJ., concur.

                          *        *        *

  Not final until disposition of timely filed motion for rehearing.




                                   2