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Pastimes : Plastics to Oil - Pyrolysis and Secret Catalysts and Alterna -- Ignore unavailable to you. Want to Upgrade?

To: scion who wrote (3287)	11/23/2010 7:59:41 PM
From: scion	Read Replies (1) \| Respond to of 53574

1. Mr. Bordynuik's Motion Is Unsupported By Any Affidavit And Therefore Is Procedurally Deficient Mr. Bordynuik contests the Plaintiff's allegations establishing that this Court has personal jurisdiction over him. Florida courts generally require defendants in Mr. Bordynuik's position to file an affidavit in support of his or her position. See e.g., Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 502-503 (Fla. 1989). When the defendant does so, it is incumbent on the plaintiff to submit a counter-affidavit, and the court should hold an evidentiary hearing as to the limited issue of jurisdiction if there is a conflict in the relevant jurisdictional facts. Id. Here, Mr. Bordynuik has not submitted any affidavit to support his motion, yet he contests this Court's personal jurisdiction over him. The Complaint, as set forth above, alleges facts establishing this Court's personal jurisdiction over Mr. Bordynuik. Mr. Bordynuik could have easily proffered an affidavit specifying his lack of contacts with Florida if he possessed such facts. Aside from the intent of Venetian Salami¸ the fact that Mr. Bordynuik did not submit an affidavit speaks volumes as to his ability to deny his extensive contacts with Florida. p15 Doc 15 PDF file viewer.zoho.com