Resource Healthcare of America v. Mckinney, 2D05-5754.
| Decision Date | 11 August 2006 |
| Docket Number | No. 2D05-5754.,2D05-5754. |
| Parties | RESOURCE HEALTHCARE OF AMERICA, INC., f/k/a RHA/Home Office, Inc., Appellant, v. Lee Roy McKINNEY, as Personal Representative of the Estate of Lorene McKinney; and RHA/Florida Operations, Inc.; Healthprime, Inc.; HP/Management Group, Inc.; Dixie Healthcare Investors, L.P.; HP/Hyde, Inc.; Delta Healthgroup, Inc.; Stella Pappas; Janet Vincenti; Tomiko Trigo; and Joan Eleanor Baldwin; (as to Glen Oaks Health Care), Appellees. |
| Court | Florida District Court of Appeals |
J. Craig Knox and George T. Levesque of Andrews, Crabtree, Knox & Andrews, LLP, Tallahassee, for Appellant.
Susan B. Morrison of Law Offices of Susan B. Morrison, P.A., and Blair N. Mendes of Wilkes & McHugh, P.A., Tampa, for Appellee Lee Roy McKinney, as Personal Representative of the Estate of Lorene McKinney.
No appearance for RHA/Florida Operations, Inc.; Healthprime, Inc.; HP/Management Group, Inc.; Dixie Healthcare Investors, L.P.; HP/Hyde, Inc.; Delta Healthgroup, Inc.; Stella Pappas; Janet Vincenti; Tomiko Trigo; and Joan Eleanor Baldwin; (as to Glen Oaks Health Care).
Resource Healthcare of America, Inc., f/k/a RHA/Home Office, Inc. (Resource Healthcare), appeals a nonfinal order denying its motion to dismiss for lack of personal jurisdiction. We reverse.
Lee Roy McKinney, as personal representative of the estate of Lorene McKinney, filed suit against multiple parties including Resource Healthcare, a foreign corporation, asserting claims related to the care and treatment of Lorene McKinney while she was at Glen Oaks Health Care, a nursing home located in Florida. Resource Healthcare moved to dismiss the complaint for lack of personal jurisdiction and filed the affidavit of Resource Healthcare's president, Bryant Coats, in support of its motion. In response to Resource Healthcare's motion and affidavit, Mr. McKinney filed transcripts from two depositions. The trial court conducted a hearing on Resource Healthcare's motion to dismiss, took the matter under advisement, and subsequently entered an order that simply denied the motion without discussing the rationale leading to the denial. That order is the subject of Resource Healthcare's appeal.
"Our standard of review on the issue of personal jurisdiction over a foreign corporation is de novo." Camp Illahee Investors, Inc. v. Blackman, 870 So.2d 80, 83 (Fla. 2d DCA 2003). The determination of whether the trial court has personal jurisdiction over Resource Healthcare turns on whether there are sufficient jurisdictional facts to bring Mr. McKinney's action against Resource Healthcare within the purview of the long-arm statute. Reviewing this matter de novo, we conclude that Mr. McKinney failed to establish a basis for the Florida court to acquire long-arm jurisdiction over Resource Healthcare.
When a nonresident defendant moves to dismiss a complaint for lack of long-arm jurisdiction and files an affidavit "or other sworn proof," the burden is placed on the plaintiff to prove by affidavit or other sworn proof the basis upon which jurisdiction may be obtained. Venetian Salami Co. v. Parthenais, 554 So.2d 499, 502-03 (Fla.1989) (referring to affidavit); Kin Yong Lung Indus. Co. v. Temple, 816 So.2d 663, 666 (Fla. 2d DCA 2002) (). If the affidavits conflict, the trial court should hold a limited evidentiary hearing to resolve the disputed issues of fact and to determine the jurisdiction issue. Venetian Salami, 554 So.2d at 503. Once the court determines that the facts are sufficient to bring the defendant within the reach of the long-arm statute, the court must also consider whether the defendant has sufficient minimum contacts with the state so that the exercise of jurisdiction would not offend traditional notions of fair play and substantial justice. Id. This requires the court to determine whether the defendant has availed itself of the privilege of doing business in Florida or has committed acts with an effect in Florida such that it would anticipate being haled into Florida courts. See World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct. 559, 62 L.Ed.2d 490 (1980). In the present case, we do not reach the issue of minimum contacts because Mr. McKinney did not establish a statutory basis for long-arm jurisdiction.
Mr. McKinney had the burden of alleging facts which, if proven to be true, would support specific personal jurisdiction over Resource Healthcare under section 48.193(1), Florida Statutes (2003) (), or general personal jurisdiction under section 48.193(2) (). See Venetian Salami, 554 So.2d at 502. The jurisdictional allegations contained in the operative complaint provided:
9. Defendant, RESOURCE HEALTHCARE OF AMERICA, INC. f/k/a RHA/Home Office, Inc. (hereinafter "RESOURCE HEALTHCARE OF AMERICA, INC."), is a Tennessee corporation, which is doing business in Florida.
....
16. Defendant, RESOURCE HEALTHCARE OF AMERICA, INC., established, conducted, managed, operated, or maintained GLEN OAKS HEALTH CARE during LORENE McKINNEY'S period of residency prior to May 15, 2001, and is a licensee pursuant to Chapter 400, Florida Statutes (2000).
....
25. Defendant, RESOURCE HEALTHCARE OF AMERICA, is an entity that operated the nursing home during LORENE McKINNEY'S residency on or after May 15, 2001, and as such owed a duty to LORENE McKINNEY to exercise reasonable care in the operation of the nursing home according to § 400.023(3), Florida Statutes (2001).
Additionally, Mr. McKinney alleged various tort claims in the complaint all of which relied on the allegation that Resource Healthcare owed a duty to exercise reasonable care because it was an entity that established, conducted, managed, operated, or maintained Glen Oaks Health Care during the specified periods of time.
In response to those allegations, Resource Healthcare filed the affidavit of Mr. Coats in which he averred that:
2. Resource Healthcare is a non-profit corporation organized under the laws of the State of Tennessee and maintains its corporate offices in Atlanta, Georgia. Resource Healthcare does not now and has never previously maintained an office or conducted any business in the State of Florida.
3. Resource Healthcare has never qualified, or applied to qualify, as a foreign corporation with the Secretary of State of Florida. Resource Healthcare does not own and has never held or owned real or personal property in the State of Florida.
4. Resource Healthcare does not maintain a registered agent for purposes of service of process in the State of Florida.
5. Resource Healthcare has not and has never been the licensee or manager of Glen Oaks Health Care, pursuant to § 400.022, Florida Statutes.
6. Resource Healthcare never established, conducted, managed, operated, or maintained Glen Oaks Health Care at any time.
7. Resource Healthcare is the sole member of RHA/Florida Operations, Inc., a Florida non-profit corporation, which was the licensed operator of Glen Oaks Health Care and which was the provider of the health care services at that facility, and the employer of the employees who worked at that facility.
8. Resource Healthcare has neither provided, nor managed, nor supervised the care and treatment of residents, including Lorene McKinney, at Glen Oaks Health Care at any time.
9. Resource Healthcare has neither billed nor received money from or on behalf of residents at Glen Oaks Health Care, including Lorene McKinney.
10. Resource Health has never had possession or control of any medical records concerning Lorene McKinney and her residency at Glen Oaks Health Care at any time.
Mr. Coats' affidavit clearly contradicted the jurisdictional allegations in the complaint. Hence, the burden of proving that personal jurisdiction existed was placed on Mr. McKinney. See Peznell v. Doolan, 722 So.2d 881 (Fla. 2d DCA 1998) (...
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